California mechanics lien deadline: how long do you have to file?

The three deadlines that actually matter

A California private-works mechanics lien runs on three load-bearing dates. Miss any one and you usually forfeit the lien remedy — these periods are strict and, for the foreclosure step, expressly non-extendable.

1. The 20-day preliminary notice

Serve a preliminary notice within 20 days of first furnishing labor or materials to the job. This is the gateway to lien rights for most claimants.

• Who serves it: Subcontractors and suppliers serve the owner, the direct contractor, and the construction lender (if any). A direct contractor serves the construction lender (if there is one). (§8200)
• Late notice is not fatal — but it costs you: A notice served after the 20th day still works, but it only reaches back 20 days before the date it was served. Any labor or materials furnished earlier than that loses lien protection. (§8204)

2. Recording the claim of lien — the 90/60/30-day rule

This is the deadline most people mean when they ask "how long do I have to file a mechanics lien in California." The answer depends on one thing: did the owner record a Notice of Completion or Cessation?

If no Notice of Completion is recorded

Everyone — direct contractor, subcontractor, supplier — has 90 days after completion of the work of improvement to record the claim of lien. (§8412)

If the owner records a Notice of Completion or Cessation

The window shortens sharply, and it differs by role (§8414):

Because a subcontractor can be cut down to 30 days by a recording you may not even hear about right away, this is the deadline that catches people out. Check the county recorder for a Notice of Completion the moment the job wraps.

3. The 90-day foreclosure lawsuit — the one that cannot be extended

Recording the lien is not the end. You must file a lawsuit to foreclose the lien within 90 days after you record it. (§8460)

This 90-day period is the strictest in the whole process: it cannot be tolled or extended. If you do not sue (or, in limited cases, record an extension of credit) within 90 days, the lien automatically becomes unenforceable and the recorder may remove it. A recorded lien that is never foreclosed is just a cloud on title with an expiration date.

What counts as "completion"?

The 90-day clock starts at completion of the work of improvement — which has specific statutory meaning and is not always the day you personally finished. Completion can be triggered by actual completion, occupation or use by the owner accompanied by cessation of labor, a cessation of labor for a continuous 60-day period, or the owner's acceptance. A recorded Notice of Completion or Cessation also fixes the date (and shortens your window, as above). When the exact completion date is contestable, treat the earliest plausible date as your deadline trigger — it is the safe assumption.

What happens if you miss the deadline?

Missing a California mechanics lien deadline generally forfeits the lien remedy entirely. A claim of lien recorded after the recording deadline, or a foreclosure suit filed after the 90-day window, is typically void. You are not left with nothing — you usually still have an ordinary breach-of-contract claim against whoever you contracted with — but you lose the lien's biggest advantage: a secured interest in the property itself rather than an unsecured claim against a party who may be insolvent.

Other states & the open dataset

This guide is part of a free, statute-cited lien-deadline reference. See the main reference and calculator for California, Texas, and Florida, or take the underlying data: deadlines.json · deadlines.csv (CC BY 4.0).