Legal Information — Not Legal Advice. This checklist provides general guidance on California mechanics lien law. It is not a substitute for advice from a licensed attorney on your specific situation. Deadlines are strict and fact-specific — consult an attorney if you have any doubt.
20
days
To serve preliminary notice after first furnishing
90
days
To record lien after last day of work (no NOC)
30
days
To record lien after Notice of Completion (subs)
90
days
To file foreclosure lawsuit after recording lien
1
Before starting work
Day 0
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Verify the property owner's identity and confirm they own the propertySearch the county assessor or recorder records. The lien must name the correct owner — "reputed owner" is acceptable but the more accurate, the better.
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Get a signed written contract before starting work CriticalInclude: scope of work, price, payment schedule, and change order procedure. Oral contracts are enforceable but much harder to prove.
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Confirm the general contractor's CSLB license is activeSearch at cslb.ca.gov. Check for prior complaints or disciplinary history. An unlicensed GC is a significant red flag.See 10 red flags to check before starting →
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Identify the construction lender (if any)Ask the GC or owner if there is a construction loan. If yes, get the lender's name and address — they are a required recipient of your preliminary notice and stop payment notice.
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Prepare your preliminary notice form before day oneUse the California statutory form. Have it ready to send on or before your first day of work so you never miss the 20-day window.Preliminary notice complete guide →
2
Within 20 days of first furnishing
Days 1–20 Hard Deadline
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Serve preliminary notice on the property owner DeadlineBy personal delivery, certified mail with return receipt, or overnight carrier. Required for subcontractors and suppliers — direct contractors are exempt.
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Serve preliminary notice on the general contractor DeadlineSame methods — personal delivery, certified mail, or overnight. All three parties must receive the notice: owner, GC, and lender.
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Serve preliminary notice on the construction lender (if any) DeadlineIf there is no construction loan, this step does not apply. If there is a lender, missing this notice forfeits your stop payment notice rights against them.Civil Code §8200 — preliminary notice requirements →
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Retain proof of service for all three noticesKeep the certified mail receipt, tracking number, or signed delivery confirmation. If a lien dispute arises, you must prove timely service on each recipient.
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Record the first date of furnishing in your project fileThis date starts your 20-day preliminary notice clock and your 90-day lien clock. Document it precisely — it will matter later.
3
During the project
Ongoing
-
Track your last day of work on the project preciselyYour 90-day lien filing clock runs from this date (or 30 days from a Notice of Completion). Keep a job log with daily records of work performed.
-
Get signed change orders for all extra work before performing itUnwritten change orders are the #1 source of payment disputes. A change order should specify scope, price, and impact on the schedule.
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Only sign conditional lien waivers (never unconditional) before payment clearsConditional waivers take effect only when payment actually clears. Unconditional waivers are immediately effective — signing one before the check clears is a common and costly mistake.Lien waiver guide — conditional vs. unconditional →
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Maintain records: invoices, delivery receipts, photos, pay applicationsYour lien amount is the unpaid contract balance after credits and offsets. Strong documentation makes the lien harder to challenge and easier to enforce.
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Watch for a Notice of Completion recorded by the ownerIf the owner records a Notice of Completion within 15 days of project completion, your lien deadline shortens from 90 days to 30 days (subs/suppliers) or 60 days (direct contractors). Check the county recorder regularly near project completion.
4
When payment is late
Act immediately
-
Calculate your lien filing deadline and calendar it nowCount 90 days from your last day of work (or 30 days from any recorded Notice of Completion). Set a reminder 30 days before the deadline.
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Send a formal written demand letterA demand letter from an attorney often resolves disputes faster than any other step. It documents your attempt to resolve without litigation and creates a paper trail.What to include in a demand letter →
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Consider a stop payment notice to freeze construction loan funds RecommendedIf the project has an active construction loan, a stop payment notice requires the lender to withhold funds equal to your claim from further disbursements. Powerful — and underused.Stop payment notice guide →
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Consult an attorney before the lien deadline CriticalDo not wait until the deadline is imminent. An attorney can evaluate your lien rights, identify any preliminary notice issues, and prepare a lien that will withstand challenge.Bay Legal PC — free consultation →
5
Record the mechanics lien
Before 90-day deadline Hard Deadline
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Prepare the California statutory mechanics lien form DeadlineMust include: owner's name, work description, name of who hired you, property description, unpaid amount after credits, and a signed verification under penalty of perjury (Civil Code §8416).Civil Code §8416 — lien contents requirements →
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Record the lien with the county recorder in the county where the property is locatedRecording fees are $15–$25 per page. Bring two copies — keep the recorder-stamped original. Recording by mail is possible but confirm the recorder's procedure.
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Note the recording date and document number CriticalYour 90-day foreclosure deadline runs from this date. Write it down immediately and set a calendar reminder for 60 days from recording.
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Serve a copy of the recorded lien on the property owner within 20 days of recordingBy personal delivery, certified mail, or overnight carrier. Keep proof of service. Failure to serve does not void the lien but gives the owner grounds to challenge it.Complete lien filing guide →
6
Enforce or settle within 90 days
Within 90 days of recording Hard Deadline
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Begin lien foreclosure negotiations with the property ownerThe recorded lien creates strong pressure. Many disputes settle here — the owner wants the lien off their title and you want payment. Document all settlement communications.
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If no settlement: file a lien foreclosure lawsuit in superior court before day 90 DeadlineThe lawsuit must be filed in the superior court of the county where the property is located. After day 90 the lien expires automatically — there are no exceptions.Lien foreclosure — what it involves →
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Alternative: sign a written extension agreement with the owner before day 90If actively negotiating, you and the owner can agree in writing to extend the foreclosure deadline. The extension must be recorded with the county recorder before the 90-day period expires.
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Consider a CSLB complaint as a parallel action RecommendedIf the GC is licensed, a CSLB complaint creates regulatory pressure. File at cslb.ca.gov. Note: the CSLB cannot order payment — it is a licensing regulator, not a court.CSLB complaint guide →
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If GC is bonded: file a payment bond claim simultaneouslyOn public projects and many bonded private projects, you can claim against the GC's payment bond independently of — and simultaneously with — the mechanics lien. On public projects, this is often the faster path to recovery.Payment bond claims guide →
Questions about your specific situation?
Bay Legal PC offers free initial consultations for contractors, subcontractors, and suppliers throughout California.