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Should I refile another mechanics lien for this project to make sure I am protecting myself on the job?

CaliforniaLien DeadlinesLien PriorityMechanics Lien

I have a question about the efficacy of a mechanics lien in California I filed in San Diego county. I did not include a general contractor on the recorded lien before it was stamped by the recorder office. Should I refile another mechanics lien for this project to make sure I am protecting myself on the job?

1 reply

Feb 13, 2020
California, like every other state, has specific requirements with respect to the timing and content of preliminary notices, mechanics liens, lien waivers and other construction documents. California sets forth the content requirements for a mechanics lien claim in § 8416(a). In California, a lien must contain:
  1. A statement of the claimant’s demand after deducting all just credits and offsets.
  2. The name of the owner or reputed owner, if known.
  3. A general statement of the kind of work furnished by the claimant.
  4. The name of the person by whom the claimant was employed or to whom the claimant furnished work.
  5. A description of the site sufficient for identification.
  6. The claimant’s address.
  7. A proof of service affidavit completed and signed by the person serving a copy of the claim of mechanics lien pursuant to subdivision
  8. Certain specific statutory text
So - if a party is hired by the GC the GC must appear on the lien form pursuant to number 4, above. If the party is not hired by the GC, there is no specific requirement to include the GCs identifying information on the lien itself. Note, however, that this is a bit different than the requirements for preliminary notice in California, which must be provided to the owner, GC, and lender (if any), and must include "[t]he name and address of the direct contractor." In any event, it is generally a bad idea for a lien claimant to attempt to file an additional lien if the original deadline for filing a lien has passed. If there is still time, the determination of whether to attempt to re-file or amend the lien claim to include more information is a decision that can be made by the claimant, weighing the necessary parts of the lien with the timing and potential difficulties associated with an attempted modification.  
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