California Mechanic’s Lien Rights: A Complete Guide for Subcontractors

California allows the following private-project claimants to record a mechanic’s lien:

• General (original) contractors
• Subcontractors (all tiers)
• Material suppliers (except suppliers to suppliers)
• Equipment lessors
• Laborers
• Fringe-benefit trust funds

Important nuances:

• Suppliers to suppliers do not have lien rights.
• Haulers/transporters only have lien rights if they own the materials, contribute to the improvement, or are hired by the owner’s agent.
• Proper contractor licensing is critical—unlicensed work can bar lien rights and trigger repayment obligations.

Under Civ. Code §§ 8046 and 8050, a mechanic’s lien may be claimed for labor, services, equipment, or materials that contribute to a “work of improvement” (a.k.a. adds value to a property).

Here are examples of what’s considered lienable and what isn’t.

Lienable Work in California

• Construction, alteration, or repair of a structure
• Permanent improvements (framing, drywall, mechanical, electrical, plumbing, roofing, concrete, paving)
• Site improvements such as grading, excavation, utilities, trenching, and demolition
• Materials, fixtures, and equipment incorporated into the improvement
• Equipment rental used in the work of improvement
• Labor, supervision, and on-site project management tied to the improvement
• Delivery of materials when the supplier is furnishing to a contractor or subcontractor (not to another supplier)
• Off-site fabrication custom-made for the project when it becomes part of the improvement

Non-Lienable Work in California

• Work on public property
• Tools, equipment, or materials not incorporated into the improvement
• Purely administrative, clerical, or consulting services not directly tied to physical improvement
• GC overhead not associated with labor or materials for the job
• Penalties, liquidated damages, interest, or unrelated debts
• Maintenance work or temporary fixes that do not permanently improve the property
• Work performed under a tenant contract when the owner records and posts a valid Notice of Nonresponsibility within 10 days of learning of the project

Before filing a lien, ensure that you’ve met any preliminary notice requirements that apply to your role (see table above).

Deadline to File

In California, your filing deadline depends on whether the owner recorded a Notice of Completion or Notice of Cessation.

If Notice of Completion/Cessation is Filed

If the project owner records either of these, the time frame to record a mechanic’s lien shrinks:

• Subcontractors and suppliers have 30 days
• General contractors have 60 days

If the owner records the notice but fails to send it to claimants who served a preliminary notice, the shortened deadline usually does not apply and the full 90-day period. Still, it’s smart to monitor recording activity so you know immediately if a deadline changes.

If No Notice is Filed

All claimants must file a lien claim within 90 days after “completion” of the work, which occurs when:

• The project is finished,
• The owner uses/occupies the property and labor stops,
• Work stops for 60 days, or
• A Notice of Cessation is recorded after 30 days of stoppage.

Filing early (before completion) can invalidate the lien. (See full definition of completion under Civ. Code § 8180.)

Filing Requirements

• Where to file: File the lien claim at the county recorder in the county where the property is located.
• Form requirements: California doesn’t mandate a statutory lien claim form, but it must include:
  • Claimant’s name and address
  • Owner or reputed owner
  • Name of the party who contracted for the work
  • A general statement of the labor, materials, or equipment furnished
  • The amount due (reasonable value or contract price, whichever is less)
  • Property description sufficient for identification (legal description preferred)
  • Construction lender (if known)
  • A mandatory block of text printed on the lien in 10-point boldface that says “Notice of Mechanic’s Lien” (Civ. Code § 8416)
  • An attached proof of service affidavit showing the lien was mailed to owner
• Verification: Must be signed under penalty of perjury; notarization not required.
• Filing fee: Varies by county (typically ~$20-$40 for the first page plus per-page charges).

Service Requirements

A copy of the recorded mechanic’s lien must be served on the property owner (or reputed owner) within a reasonable time after recording. Service is typically completed by certified mail, registered mail, express mail, or personal delivery, and proof of service must be retained.

Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in California.

Enforcement Requirements

• Enforcement deadline: A foreclosure lawsuit must be filed within 90 days after recording the lien.
• Lis pendens: A notice of pendency action (lis pendens) must be recorded within 20 days after filing the foreclosure lawsuit. Most file it with the foreclosure lawsuit to save a step.
• Filing location: File both documents in the Superior Court in the county where the property is located.
• Lien priority: In California, mechanic’s liens generally outrank mortgages or other liens recorded after construction begins, and multiple lien claimants typically share priority and are paid proportionally.

Lien Release Requirements

Once a lien is paid, the claimant must promptly record a Release of Mechanic's Lien with the county recorder. Failure to release a lien can result in damages, penalties, and attorney’s fees (Cal. Civ. Code § 8480).