Answer FileConstruction

What are the mechanics lien deadlines in California?

The answer, cited

Three California deadlines control: subcontractors and suppliers must serve a 20-day preliminary notice (Civil Code section 8204); the lien must be recorded within 90 days of project completion, or 60 days after a notice of completion for direct contractors (sections 8412, 8414); and a foreclosure suit must follow within 90 days of recording (section 8460).

Three dates decide everything. First, the preliminary notice: subcontractors and suppliers must serve a 20-day preliminary notice on the owner, direct contractor, and lender to preserve lien rights for work already performed and everything after (Civil Code section 8204), late notice protects only the prior 20 days of work. Second, recording: after finishing work, a direct contractor must record the lien within 90 days of completion of the whole project, shortened to 60 days if the owner records a notice of completion; other claimants get 90 or 30 days respectively (sections 8412, 8414). Third, foreclosure: a lawsuit to enforce the lien must be filed within 90 days of recording, or the lien expires by operation of law (section 8460). On public works, where private land cannot be liened, the parallel remedies are the stop payment notice (Civil Code section 9350 et seq.) and payment bond claims. The lattice is unforgiving, calendaring the dates at the start of a project is the whole game.

Authority: Cal. Civ. Code § 8412

Source: Cal. Civ. Code § 8412 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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