How do I file a mechanic's lien in California?
California's Mechanics Lien Law is codified at Cal. Civ. Code §§ 8000-9566.
1. Who Can File
General contractors, subcontractors, material suppliers, equipment lessors, design professionals (architects, engineers, surveyors), and laborers who provide work, services, or materials for a work of improvement (Civ. Code §§ 8400, 8430).
2. Preliminary / Pre-Lien Notice
Anyone other than a direct contractor or laborer (wages) must serve a 20-day Preliminary Notice on the owner, direct contractor, and construction lender within 20 days after first furnishing labor or materials (Civ. Code §§ 8200-8216). Late notice limits the lien to work performed within 20 days before notice.
3. Recording the Lien
Record the Mechanics Lien in the county recorder where the property sits. Direct contractors: within 90 days of completion of the work, or 60 days after a Notice of Completion or Cessation is recorded (Civ. Code §§ 8412, 8414). Subs/suppliers: 90 days after completion, 30 days if NOC recorded. Lien must include claimant info, owner, amount, description of work, legal description, and a verified statement (Civ. Code § 8416).
4. Service on Owner
Serve a copy of the recorded lien and a Proof of Service Affidavit on the owner within the same recording window (Civ. Code § 8416(c)).
5. Suit to Foreclose
File foreclosure action within 90 days of recording, or the lien is void and unenforceable (Civ. Code § 8460).
6. Priority
Liens relate back to the commencement of the work of improvement, taking priority over subsequent encumbrances (Civ. Code § 8450).
7. Bond Release
Owner may record a lien release bond for 125% of the claim (Civ. Code § 8424).
8. Homestead / Residential
Owner-occupied single-family dwellings have stricter notice requirements; direct contractors must give a written notice with required statutory language (Civ. Code § 8170).
9. Fraudulent Lien Penalties
Willful overstatement forfeits the entire lien (Civ. Code § 8422); may trigger slander of title and § 17200 unfair-practices liability.
This is legal information, not legal advice.
- Lien exceeds $25,000 or involves multi-tier subcontracting disputes
- Owner records a release bond and you must perfect against the surety
- Homestead or owner-occupied residential property triggers special notice rules
- Cal. Civ. Code §§ 8000-9566
- Cal. Civ. Code § 8412
- Cal. Civ. Code § 8460
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.