Where to File a Mechanic's Lien in California

Mechanics' liens are filed by parites who have not received due payment.

You have finished working on a client's property and have not yet been paid. It's your worst nightmare as a contractor. If all goes well, you will receive payment before the need to file a mechanics' lien. There may be times, however, you are left with only the option to deal with this through legal channels. Before jumping into filing a mechanics' lien, it is important to know how and where to file the lien. Otherwise, you could end up losing your right to the lien or being sued for placing the lien.

Things You'll Need

• Project information
• Mechanics' lien form

Instructions

1. Confirm that the project is a private one. Mechanics' liens cannot be filed on public projects.

2. Send out a 20-day preliminary notice to the county recorder's office, the property owner where the project is located, the construction lender, and the original contractor. Once the preliminary notice has been sent, the recorder's office will notify you if the owner files a Notice of Completion or Cessation of Labor. Once you have been notified, you will then be able to record the lien, which will be either 30, 60 or 90 days after the date of completion.

3. Obtain all necessary information that pertains to the project of concern. This includes your contract, the payment records and any change orders that were written. You also need to make sure that you have the address where the project is located as well as the amount of your contract, the amount that you have been paid and the amount that you are filing the lien for.

4. Complete the mechanics' lien form using the California State form. This form will ask for all of the information that you have gathered. You can obtain this form from the public library as well as from the County Recorder's office.

5. File the mechanics' lien in the county where the property is located at the County Recorder's office. This office will charge a fee for filing the lien and you will receive a stamped copy of the lien while a copy is also sent to the owner.

6. Pay attention to the time which elapses. You have up to 90 days to file a lawsuit after the mechanics' lien has been recorded and filed.

References

• California Architects Board: Managing a Business
• Support for Construction Businesses: The Three Basic Requirements to California Mechanic's Liens

Resources

• Sacramento County Public Library: California Mechanics' Lien Form