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
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
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.