Running the Business · Part 3
Mechanics liens II: recording deadlines, the 90-day foreclosure clock, the four statutory release forms, stop payment notices, and payment bonds on public work
The preliminary notice keeps the lien right alive. This lesson is the right itself: the window in which a lien must be recorded after the job ends, which is shorter than most contractors think and shorter still if the owner records a notice of completion; the claim of lien's required contents and the Notice of Mechanics Lien that must be served on the owner or the lien is void; the 90-day deadline to file the foreclosure suit; and the four statutory waiver and release forms that are the only lawful way to give up lien rights, with the difference between conditional and unconditional that has cost contractors whole invoices. It closes with the two tools that replace the lien where the lien cannot reach: the stop payment notice on private jobs with a lender, and the payment bond on public work.
What the full lesson covers
- Direct contractor: record the lien after completing your contract and before the earlier of 90 days after completion of the whole work of improvement or 60 days after the owner records a notice of completion or cessation. Subcontractor: 90 days, or 30 days after a recorded notice of completion (Civil Code 8412, 8414). Calendar both from the day you finish.
- The claim of lien must contain the statutory items, be verified, and include the "NOTICE OF MECHANICS LIEN" text; a copy must be served on the owner by registered, certified, or first-class mail with a certificate of mailing, or the lien is unenforceable as a matter of law (8416).
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More lessons in Contracts and Getting Paid
- 1The home improvement contract (B&P 7159): every required element, the exact notices, and the three-day right to cancel
- 2The deposit cap: $1,000 or 10 percent, whichever is less, and progress payments that cannot exceed the work. CSLB's most common citation
- 3Service and repair contracts (B&P 7159.10): when the short form applies, what it must say, and how a service call falls out of it
- 4Subcontracts with GCs: the twelve clauses to read, what to strike, and what to negotiate