A Contractor Filed a Mechanic's Lien on My California Property — Now What?
You hired a contractor to renovate your kitchen. Or maybe a subcontractor showed up saying they weren't paid by your general contractor. Either way, you've just received notice that a mechanic's lien has been recorded against your home — and now you're worried about what this means for your property, your mortgage, and your plans to sell.
Here's the short answer: a mechanic's lien is serious, but it is not the end of the world. California law provides a well-defined process with strict deadlines — and those deadlines can actually work in your favor as a property owner.
This post will explain what a mechanic's lien is, how it gets filed, what happens after it's recorded, and what you can do about it.
What Is a Mechanic's Lien, and Why Does It Affect My Property?
A mechanic's lien — sometimes called a construction lien — is a legal claim recorded against your property by someone who worked on it (a contractor, subcontractor, or materials supplier) and claims they haven't been paid. It has nothing to do with your car mechanic. The name is a holdover from older legal language describing workers and craftspeople.
What makes this powerful is that the lien attaches directly to your real estate. Think of it like a mortgage — it's a formal claim on the property itself, not just a request for money from you personally. Under California Civil Code §§ 8400–8494, and rooted in the California Constitution itself (Article XIV, § 3), contractors and suppliers have a constitutional right to this remedy when they're left unpaid for work that improved your property.
Importantly, the lien doesn't automatically mean you owe the money. It means there's a disputed claim sitting on your title — and that cloud can block you from refinancing, selling, or getting a clean title report until it's resolved.
How Does Someone Get the Right to File a Lien on My Property?
Before a contractor or subcontractor can record a mechanic's lien against your property, California law requires them to complete a critical preliminary step: serving a 20-Day Preliminary Notice.
Under California Civil Code §§ 8200 and 8204, most contractors, subcontractors, and material suppliers must serve this written notice within 20 days of first providing labor or materials on a project. The notice goes to the property owner, the general contractor, and any construction lender. Its purpose is to put you on notice that someone has a financial stake in your project — even if you never hired them directly.
A few things to know about the preliminary notice:
Direct contractors (the company you hired directly) must give notice to your construction lender, but not necessarily to you as the owner.
Subcontractors and material suppliers must give notice to you, the general contractor, and any construction lender.
Laborers (individual workers, not companies) are generally exempt from the preliminary notice requirement.
If a claimant fails to serve this notice on time, their lien rights are limited or lost entirely. That's a potential defense worth investigating with your attorney.
When Can a Contractor Actually Record the Lien?
After completing their work, a claimant has a window of time to record their claim of lien at the county recorder's office. How long that window is depends on whether you, as the owner, recorded a Notice of Completion or Notice of Cessation.
A Notice of Completion — recorded under California Civil Code § 8188 — is a document filed with your county recorder that officially signals the project is done. It sounds simple, but it has a major strategic effect: it shortens the time claimants have to file a lien.
Here's how the deadlines break down:
If you recorded a Notice of Completion (and properly notified claimants within 10 days):
Direct contractors have 60 days to record a lien — California Civil Code § 8412
All other claimants (subcontractors, material suppliers) have 30 days to record a lien — California Civil Code § 8414
If you did NOT record a Notice of Completion:
All claimants have 90 days after completion of the project to record a lien — California Civil Code §§ 8412, 8414, and 8180
This is why recording a Notice of Completion promptly after your project wraps up can be one of the smartest moves a California property owner makes. It puts a tighter clock on anyone who might want to file a lien.
What Happens After a Lien Is Recorded?
Once a mechanic's lien is recorded against your property, it becomes a public record — visible to title companies, lenders, and anyone searching your property's history. But recording the lien is just the first move. The claimant still has to take legal action to actually enforce it.
Here's the general sequence:
Lien is recorded at the county recorder's office.
Claimant must file a lawsuit (called a lien foreclosure action) to enforce it within 90 days of recording the lien — California Civil Code § 8460(a). If they miss this deadline, the lien expires and becomes legally unenforceable against your property.
Claimant must record a lis pendens — a formal notice that a lawsuit affecting your property is pending — within 20 days of filing the foreclosure lawsuit — California Civil Code § 8461.
The foreclosure case proceeds in superior court in the county where your property is located.
If the claimant wins, the court can order your property sold to satisfy the debt — similar to a mortgage foreclosure. This is the worst-case scenario, and it's why acting quickly matters.
The owner and claimant can also agree in writing to extend the 90-day filing deadline. This is done through a recorded Notice of Credit under California Civil Code § 8460(b), and it can extend the time for up to one year from completion of the project. Owners sometimes agree to this during active settlement negotiations.
What Can I Do If a Lien Has Been Recorded Against My Property?
You have real options here. Don't assume the lien is valid just because it's been recorded.
Option 1: Negotiate a Release Often the fastest resolution is reaching a settlement directly with the claimant. If the debt is legitimate and there's a dispute over payment between your general contractor and a subcontractor, resolving that dispute may clear the lien without litigation.
Option 2: Demand the Claimant Release the Lien If the 90-day deadline to file a foreclosure lawsuit has passed and no lawsuit was filed, the lien has legally expired. Under California Civil Code § 8482, before going to court you must give the claimant written notice — at least 10 days before filing a petition — demanding they execute and record a release. Many claimants will comply once they receive this letter.
Option 3: Petition the Court for a Release Order If the claimant refuses to release an expired lien, you can petition the superior court to formally remove it under California Civil Code §§ 8480–8490. The court can order the lien released, and — critically — under Civil Code § 8488(c), the prevailing party is entitled to reasonable attorney's fees. This means that if you go to court and win, the claimant may be required to pay your legal costs.
Option 4: Post a Lien Release Bond In some situations, a property owner can substitute a bond for the lien. This releases your property from the lien claim while the underlying dispute continues — which can be useful if you need to sell or refinance and can't wait for litigation to conclude.
Frequently Asked Questions
Does a mechanic's lien mean I owe the contractor money? Not necessarily. A lien is a claim, not a judgment. It means someone is asserting they weren't paid for work on your property. You have the right to dispute both whether the work was actually done and whether the amount claimed is accurate. The claimant bears the burden of proving their lien is valid if the matter goes to court.
Can a subcontractor put a lien on my property even though I didn't hire them? Yes, and this surprises many homeowners. Under California law, subcontractors and material suppliers who never had a direct contract with you can still file a lien if they weren't paid by the general contractor. This is why the 20-Day Preliminary Notice exists — it's your early warning system. If you didn't receive one from a particular subcontractor, that may limit or eliminate their lien rights.
What happens if I try to sell my house with a mechanic's lien on title? The lien will show up on your title report and will almost certainly need to be resolved before escrow can close. Buyers and their lenders will not typically accept a property with an outstanding lien. You'll need to either pay it off, get it released, or bond around it before or during escrow.
How long does a mechanic's lien stay on my property? It depends on whether the claimant takes action. If a claimant doesn't file a foreclosure lawsuit within 90 days of recording the lien (Civil Code § 8460), the lien expires. But it doesn't automatically disappear from your title — you'll still need to take steps to formally remove it, either by getting the claimant to record a release or by petitioning the court.
Can I recover attorney's fees if I have to fight a bogus lien? Yes, potentially. Under California Civil Code § 8488(c), the prevailing party in a lien release proceeding is entitled to reasonable attorney's fees. This provision is designed to deter the filing of bad-faith or baseless lien claims.
What is a Notice of Completion, and should I have filed one? A Notice of Completion is a document a property owner records with the county to officially signal that a project is finished. Under California Civil Code § 8188, recording this notice — and notifying claimants within 10 days — significantly shortens the window contractors and subcontractors have to file liens. If you've recently completed a construction project and haven't recorded one, it may still be worth discussing with an attorney.
When Should I Call a Lawyer?
If you've received a preliminary notice, a recorded lien, or been served with a foreclosure lawsuit, it's time to talk to an attorney — not after you've tried to handle it yourself. The deadlines in California's mechanic's lien law are strict and largely unforgiving. Missing a deadline can cost you your defenses or your ability to recover attorney's fees. A lawyer can also quickly assess whether the lien was properly served, whether the preliminary notice requirements were met, and whether you have grounds to challenge the lien outright.
The Bottom Line
A mechanic's lien on your California property is a serious matter — but it's also a structured legal process with clear rules and real protections for property owners. The claimant has to follow specific steps and meet strict deadlines. If they don't, you have powerful tools to clear your title.
If your property has been liened — or if you're in the middle of a construction project and want to protect yourself before a problem develops — our team is here to help. Contact us today for a consultation.
This article is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws and procedures vary and may have changed. For advice about your specific situation, please consult a qualified California attorney.