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California Mechanics Lien Attorneys

California mechanics lien attorneys helping clients file, enforce, and defend liens before critical statutory deadlines expire.

The Situation

You did the work. You supplied the materials. And now you're not getting paid. A mechanics lien is California's most powerful tool for contractors, subcontractors, and suppliers to secure payment — but it comes with strict deadlines that, if missed, permanently eliminate your rights.

Why It Happens

Mechanics liens arise when a property owner or general contractor refuses to pay for completed work or supplied materials. The lien attaches to the property itself, giving you leverage that a simple lawsuit doesn't provide. But California's mechanics lien law has a complex web of preliminary notice requirements, recording deadlines, and foreclosure timelines.

California Law

California mechanics lien law (Civil Code §8000 et seq.) is one of the most detailed lien statutes in the country. Key requirements and nuances: (1) Preliminary Notice — must be served within 20 days of first furnishing labor or materials; direct contractors (those with a direct contract with the owner) are exempt from the preliminary notice requirement but must still record a lien; laborers are also exempt; design professionals have lien rights under Civil Code §8300 et seq. (the design professionals' lien) with different notice requirements. (2) Lien Recording — within 90 days of project completion (or 60 days after a recorded Notice of Completion or Cessation); the lien must include: claimant's name, owner's name, description of work, amount claimed, and legal description of the property. (3) Foreclosure — lawsuit must be filed within 90 days of recording the lien; failure to file results in the lien becoming unenforceable. (4) Lien Waivers — California has four statutory lien waiver forms (conditional/unconditional, progress/final); using non-statutory forms is risky. (5) Release Bond — owners can release a lien by posting a bond for 125% of the lien amount (Civil Code §8424). Project types with unique considerations: residential projects (homeowner's right to post completion bond), public works (no lien rights — use stop notice and payment bond instead).

What's at Risk

The Risks
  • Failing to serve the 20-day preliminary notice on time
  • Missing the 90-day (or 60-day) lien recording deadline
  • Failing to file foreclosure lawsuit within 90 days of recording
  • Recording a lien with incorrect information that makes it unenforceable
  • Signing a lien waiver that releases more rights than you intended
Common Mistakes
  • Not serving the preliminary notice because you have a direct contract with the owner
  • Waiting until the project is completely finished before recording the lien
  • Using generic lien forms that don't comply with California's specific requirements
  • Failing to name all parties correctly in the lien
  • Not understanding the difference between conditional and unconditional lien waivers
Case Example

A specialty subcontractor completed $1.8M of work on a commercial project. The general contractor refused to pay, claiming the sub's work was defective. We served a preliminary notice (which had been properly filed earlier), recorded a mechanics lien within the deadline, and filed a foreclosure action. The general contractor settled for full payment within 60 days of the lawsuit filing.

Past results do not guarantee future outcomes. Every case is different.

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Frequently Asked Questions

How GLG Helps
  • We track all lien deadlines from the moment you engage us
  • We prepare and serve compliant preliminary notices immediately
  • We record mechanics liens with precise legal descriptions and correct party information
  • We file foreclosure lawsuits before the 90-day deadline without exception
  • We negotiate lien releases in exchange for payment

Your 90-day lien deadline may already be running.

California mechanics lien rights expire permanently if you miss the recording or foreclosure deadline. Call today.

Start Your Case Review (949) 666-8797

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