What Is a Mechanics Lien in California?

A mechanics lien is a security interest that contractors, subcontractors, laborers, and material suppliers can record against the real property they improved when they are not paid. It converts an unpaid invoice into a claim against the land itself, which the claimant can foreclose on, forcing a sale of the property to satisfy the debt. The right is written into the California Constitution and implemented in Civil Code section 8400 and following.

The power comes with unforgiving procedure. Most claimants other than the direct contractor must serve a 20 day preliminary notice near the start of their work to preserve lien rights. The lien itself must be recorded within a short window after the project ends, generally 90 days after completion, shortened when a notice of completion or cessation is recorded. And the claimant must file a foreclosure lawsuit within 90 days of recording the lien or it expires. Miss any step and the lien dies, leaving only contract remedies.

For owners, an improper or expired lien can be challenged by petition, and there are bonding procedures to clear title while the fight continues. For claimants, calendar discipline is everything.