Jayson Elliott, mechanics lien attorney at Bay Legal PC
Jayson Elliott, Esq.Bay Legal PC · Palo Alto, CA
4.8 · 371 Google Reviews Read reviews →
(650) 668-8000Free consultation
CA Bar No. 332479All 58 California counties
California Mechanics Lien Law Resource

California Mechanics Lien Law:
What Every Contractor and Property Owner Must Know

California's mechanics lien law is one of the most powerful — and most misunderstood — tools in construction law. Whether you're a contractor owed money or a property owner facing an improper lien, you have strong legal rights.

Legal Information — Not Legal Advice: This page provides general information about California mechanics lien law. It is not legal advice for your specific situation. Consult a licensed attorney before making any legal decisions.

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Jayson Elliott, Bay Legal PC

Your Attorney

Jayson Elliott

California State Bar No. 332479  ·  Bay Legal PC  ·  Palo Alto, California

Jayson Elliott is a California licensed attorney handling mechanics lien enforcement, lien releases, wrongful lien claims, and construction payment disputes throughout California. Bay Legal PC represents contractors, subcontractors, suppliers, and property owners in lien-related disputes.

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Your Main Legal Options

⚠ Time Limits Apply: California law sets strict deadlines on mechanics lien claims. Missing a deadline permanently bars your right to recover. Consult an attorney promptly.

Frequently Asked Questions

What is a mechanics lien in California?

A mechanics lien is a legal claim against a property by a contractor, subcontractor, or supplier who was not paid for work or materials. Under California Civil Code §8000 et seq., a valid lien attaches to the property title and can force a sale to satisfy the debt. It is one of the most powerful collection tools in California construction law.

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

Deadlines are strict. Direct contractors (general contractors) must file within 90 days of completion of the project or their contract. Subcontractors and suppliers must file within 90 days of the date they last performed work or supplied materials. Missing the deadline permanently extinguishes the lien right.

What can I do if someone filed a mechanics lien on my property?

Property owners have several options: verify whether the lien is procedurally valid, send a demand to release an improper lien, petition the court to discharge the lien if it's defective, post a lien release bond, or negotiate a settlement. An improperly filed lien can give rise to a claim for wrongful lien against the claimant.

Can a subcontractor file a mechanics lien even if the general contractor was paid?

Yes. In California, subcontractors and suppliers have independent lien rights against the property regardless of whether the owner paid the general contractor. This is one reason property owners should require unconditional lien releases before making final payment to a general contractor.

What is a preliminary notice and why does it matter?

A preliminary notice (also called a 20-day preliminary notice) must be served on the owner, general contractor, and lender within 20 days of first furnishing labor or materials. Subcontractors and suppliers who fail to serve this notice lose their lien rights. Direct contractors are exempt from this requirement.

What is a lien release bond?

A lien release bond (also called a discharge bond) allows a property owner to post a bond — typically 125% of the lien amount — to release the lien from the property title. This frees the property for sale or refinancing while the underlying payment dispute is resolved in court.

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★★★★★ 4.8 out of 5 · 371 Google Reviews · Bay Legal PC
★★★★★

"Jayson and Ashley helped me tremendously with a construction dispute in which my previous general contractor abandoned the project. I cannot recommend them enough."

— Josey, Google Review

★★★★★

"I had issues with a contract that was not fulfilled. Jayson sent a demand letter outlining where the contract was breached. In the end I was paid back and got the outcome I wanted — all while avoiding escalation to suing."

— Jennifer, Google Review

★★★★★

"I cannot imagine how we would have navigated our conflict with our contractor had it not been for Jayson. He was professional, compassionate, informative and responsive."

— David, Google Review

Reviews from Google. Individual results may vary. Read all 371 reviews →

Talk to an Attorney — Free Consultation

★★★★★ 4.8 · 371 Google Reviews

Bay Legal PC handles mechanics lien disputes throughout California. Tell us about your situation and we'll be in touch promptly.

Call or text: (650) 668-8000  ·  Phone, video, or Palo Alto office

SoCal: (213) 668-8000

Jayson Elliott consulting with clients about a mechanics lien dispute

Jayson Elliott, Bay Legal PC · Palo Alto, California

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