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CA mechanic's lien filing deadlines working under GC

CaliforniaLien DeadlinesMechanics Lien

Hi. Would like to verify lien filing deadlines when working as a sub under a GC in California. It's my understanding that a sub's lien filing deadline is 90 days since it's last day on the jobsite. However, a new GC client of ours is insisting that it's 90 days from the completion of the entire project, regardless of when we finished our work. Please clarify and confirm what is correct. Also, if you have any links or documentation referencing the correct deadlines from official CA code, please provide. Thank you! Shannon

3 replies

Oct 12, 2020

The lien deadline for subcontractors in California is more like a window. Anyone who didn't contr act directly with the property owner cannot file a lien claim until they have ceased working on the project. After which, the latest a claim can be filed is 90 days from the completion of the entire work of improvment. Unless a Notice of Completion is filed, then the deadline to file is just 30 days from when the notice was recorded. 

For more information, see: How to File a California Mechanics Lien | A Step by Step Guide to Get You Paid 

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Oct 12, 2020

For all CA mechanics lien claimants, the deadline to file a mechanics lien is generally 90 days after the completion of the project. Of course, subcontractors will rarely know when, exactly a project is deemed complete. So, it's common for subs to estimate potential deadlines conservatively by calculating 90 days after last completion. Note also that the deadline can be shortened if a Notice of Completion or Cessation is filed.

For a citation, here's § 8414 of the California Civil Code: "A claimant other than a direct contractor may not enforce a lien unless the claimant records a claim of lien within the following times: (a) After the claimant ceases to provide work. (b) Before the earlier of the following times: (1) Ninety days after completion of the work of improvement. (2) Thirty days after the owner records a notice of completion or cessation."

For further discussion on CA's mechanics lien deadlines and rules: California Mechanics Lien Rules & FAQs

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Oct 13, 2020
Thanks for the responses! The wording "Ninety days after completion of the work of improvement" seems open ended since it doesn't point to completion of who's work. It seems it COULD be interpreted in two ways - 90 days from 1) completion of subs work OR 2) completion of all work under the prime contract. In both answers, you go beyond what's actually written in the code to interpret it as "completion of work of the entire project under the prime contract". I find this to be confusing since it's not definitive in the code.
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