California Mechanics Lien Attorney

What a mechanics lien does

A mechanics lien attaches the unpaid debt to the property that was improved. Because it clouds title and almost always triggers the owner’s lender and title company, a properly recorded lien creates immediate, practical pressure to resolve payment — far more than an ordinary invoice or demand letter. The right is significant enough that it is embedded in the California Constitution.

A lien is not self-executing, though. It secures the claim; it does not collect it. To turn a lien into money, the claimant must enforce it by filing a foreclosure lawsuit within the statutory window.

The deadlines that decide a lien

California lien timing is unforgiving. Three deadlines do most of the work:

Preliminary notice (the gateway) — with limited exceptions, a claimant must serve a preliminary notice within about 20 days of first furnishing labor or materials to preserve lien rights. A direct contractor in privity with the owner need not serve it to lien, but should still serve the construction lender.
Recording the claim of lien — a direct contractor must record within 90 days after completion, or within 60 days after the owner records a notice of completion or cessation. Subcontractors and suppliers must record within 90 days of completion, or within 30 days after a recorded notice — whichever is earlier.
Enforcing (foreclosing) the lien — after recording, the claimant must file a lawsuit to foreclose the lien within 90 days. Miss it and the lien expires automatically; California courts do not grant extensions for hardship, ongoing talks, or owner promises.

How “completion” is defined — and why it is a trap

The recording clock runs from “completion,” which the statute fixes as the earliest of several events: actual completion, the owner’s occupation or use combined with cessation of labor, a continuous 60-day cessation of labor, or the recording of a notice of completion or cessation.

Owners can accelerate the deadline against you by recording an early notice of completion. That is why claimants who suspect a payment problem should monitor the county recorder after substantial completion rather than assume they have the full 90 days.

Statutes that govern

Recording deadlines: Civ. Code § 8412 (direct contractors) and § 8414 (subcontractors/suppliers). Definition of completion: § 8180. Enforcement deadline: § 8460 (90 days to file foreclosure). Lien release bond: § 8424.

Common ways liens fail

Liens are routinely lost or invalidated for avoidable reasons: a missing or late preliminary notice, recording too early (while still furnishing) or too late, naming the wrong owner, an inflated or inaccurate lien amount, a defective property description, or failing to file the foreclosure suit in time. Because an owner can also force the issue with a petition to expunge or by recording a lien release bond, the lien must be done correctly the first time.

How Stone LLP handles lien matters

Stone LLP records and enforces mechanics liens for contractors and suppliers as part of a broader collection strategy, pairing the lien with stop payment notices and prompt-payment penalty claims where they apply. With 45 years representing California businesses from Irvine, Century City, and San Jose, the firm focuses on substantial commercial and private-works disputes across Southern California.

Call 949-477-9100

Frequently asked questions

How long do I have to file a mechanics lien in California?

Generally 90 days after completion of the work of improvement. If the owner records a notice of completion or cessation, the window shortens to 60 days for direct contractors and 30 days for subcontractors and suppliers.

What happens after I record the lien?

Recording only secures the claim. You must file a lawsuit to foreclose the lien within 90 days of recording, or the lien expires by operation of law and can be removed.

Can I file a mechanics lien without a preliminary notice?

Usually not. Most claimants must serve a preliminary notice within about 20 days of first furnishing to preserve lien rights. A direct contractor in a direct contract with the owner is a limited exception for the lien itself.

Does recording a lien guarantee I get paid?

No. A lien is leverage and security, not a payment. It often prompts resolution because it clouds title, but if the owner does not pay, recovery comes through enforcing the lien and related claims.

The owner says my work was defective. Can I still lien?

An alleged defect or backcharge is a defense the owner may raise, not an automatic bar to recording. Whether it reduces the amount owed is a separate question that gets resolved on the facts.