MECHANICS LIENS IN CALIFORNIA: HOW HOMEOWNERS PROTECT THEMSELVES

The Contractors State License Board (CSLB) defines a mechanics lien as a “hold” against your property, filed by an unpaid contractor, subcontractor, laborer or material supplier and recorded with the county recorder's office.

The part that surprises owners is in the Mechanics Lien Warning that state law puts in home improvement contracts. Even if you pay your contractor in full, unpaid subcontractors, suppliers and laborers may record liens and sue to foreclose them.

CSLB lists what can follow: foreclosure if the lien is not paid, paying twice when the prime contractor does not pay a subcontractor or supplier, and a lien on the title that can affect borrowing against, refinancing or selling the property.

CSLB calls the contractor you hired the prime contractor. The Civil Code calls that party the direct contractor.

Under Civil Code Section 8200, a claimant must give a preliminary notice before recording a lien claim. It goes to the owner, the direct contractor and the construction lender, if there is one. The section calls it a necessary prerequisite to a valid lien claim.

A laborer is not required to give one. A claimant with a direct contract with the owner, such as your own contractor, gives it only to the construction lender, if any. So the notices you receive come from subcontractors and suppliers.

The contract warning says, “This notice is not a lien.” The notice means the sender has provided, or will provide, goods or services for your project and could file a lien claim if not paid. CSLB advises keeping track of the notices, so you know who may file a claim.

Civil Code Section 8204 says a preliminary notice must be given not later than 20 days after the claimant first furnished work. A claimant who misses that date can still give notice later, but may then record a lien only for work performed within 20 days before the notice was served, and at any time after.

The contract warning cautions that a notice can arrive up to 20 days after a subcontractor starts or a supplier delivers, which can be a big problem if you have already paid your contractor. It suggests getting a list of all subcontractors and material suppliers, finding out when each started or delivered, then waiting 20 days and watching for notices.

A missing notice is not proof that no one can claim a lien. Ask an attorney before you treat anyone's lien rights as lost.

A lien release is a signed waiver from someone who could otherwise claim a lien. CSLB lists four forms, conditional and unconditional, for progress payments and for the final payment, and says they must substantially follow Civil Code Sections 8132, 8134, 8136 and 8138.

• Conditional: used before the claimant has been paid.
• Unconditional: used when the claimant states that the payment has already been received.

Civil Code Section 8124 sets two conditions before a release protects an owner. It must be substantially in the statutory form and signed by the claimant. A conditional release also needs evidence of payment: the claimant's endorsement on a check the bank has paid, or a written acknowledgment of payment.

Before you pay, CSLB says to get a signed conditional release from each possible lien claimant. After you pay, ask for an unconditional release from each claimant paid. CSLB adds that, by law, you may withhold the next payment until you have the unconditional releases for the previous one.

Business and Professions Code Section 7159 requires your contract to promise a full and unconditional release for each portion of the work you have paid for, before any further payment.

One caution from CSLB: a release from your contractor alone “does not guarantee that other claimants, like subcontractors and suppliers, are paid.”

• CSLB: Conditional and Unconditional Waiver and Release Forms (opens in a new tab)

A joint check is made out to two parties, such as your contractor and a supplier, and CSLB says both must endorse it. CSLB calls joint checks the simplest way to prevent liens. The contract warning suggests one when it is time to pay a subcontractor or supplier who sent you a preliminary notice.

Section 7159 also requires your contract to say that you have the right to require the contractor to have a performance and payment bond. CSLB explains that such contract bonds cover “both the completion of the job and payment for all labor and materials.”

Section 7159 says only this about joint control: a contractor who furnishes it may not have any financial or other interest in it.

Ask CSLB or an attorney whether a bond or joint control makes sense for your project.

The Civil Code sets these windows for recording a claim of lien and enforcing it:

• Direct contractor (Section 8412): after completing the contract, and before the earlier of 90 days after completion of the work of improvement or 60 days after the owner records a notice of completion or cessation.
• Other claimants (Section 8414): after ceasing to provide work, and before the earlier of 90 days after completion or 30 days after the owner records that notice.
• Enforcement (Section 8460): the claimant must start a court action within 90 days after recording. Otherwise the claim of lien “expires and is unenforceable,” unless the claimant and owner have a recorded agreement to extend credit.

Section 8182 lets an owner record a notice of completion on or within 15 days after the date of completion. CSLB points out that this cuts the recording time from 90 days to 60 for a contractor and to 30 for a subcontractor or material supplier.

These are the statute's numbers, not advice about your dates. Ask an attorney before you rely on a deadline or record a notice of completion.

CSLB's first step is to determine whether the lien is valid, and it notes that an attorney can help. It says lien claims are often invalid because the claimant missed a required timeline. Its checklist asks:

• Was a preliminary notice served on time?
• Was the lien recorded in time? CSLB suggests asking the county recorder's office.
• Did you receive a copy of the lien with a Notice of Mechanics Lien?
• Was a lien foreclosure action filed within 90 days of recording?

CSLB warns that a lien stays in the county records and on your title until you take action to remove it. Its suggested step is a written request to the claimant that lists how the lien falls short and asks for its removal. If that fails, an owner may petition the court to release the property, which CSLB calls a complicated process that may require an attorney.

• CSLB: What if a Mechanics Lien is Filed on Your Property? (opens in a new tab)
• CSLB: A Homeowner's Guide to Preventing Mechanics Liens (PDF) (opens in a new tab)

Do not ignore a recorded lien or a court paper, and do not assume a lien is invalid. Talk to an attorney promptly.

• Before you sign: read the Mechanics Lien Warning in the contract.
• At the start: ask for a list of every subcontractor and supplier, with start and delivery dates.
• During the job: keep every preliminary notice and a list of who sent one.
• Before each payment: collect signed conditional releases for the work being paid.
• When you pay: consider joint checks for those who sent a notice.
• After each payment: collect unconditional releases before making the next one.
• At the end: collect final payment releases, and ask an attorney about a notice of completion.
• Throughout: keep the contract, notices, releases and proof of payment together.

We read these statutes and CSLB's pages on October 4, 2026. This is general information, not legal advice.

Golden Empire USA offers a free assessment with a written scope, so you can see the work spelled out before any contract is signed.