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Which date should I use to track my lien?

I am a sub-sub on a commercial project in CA. Originally, I put in my last day on the job to trigger the lien deadline, but now that's two days away and I'm not sure if I should wait to see if there's been substantial completion or if the Notice of Completion has been filed. I don't want to file the lien too early and damage my relationship with the GC, but if I wait to hear and they never tell me, I don't want to be left unprotected.

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Nov 18, 2019

Deadline to file a California Mechanics Lien

The deadline to file a California mechanics lien is codified in Cal. Civ. Code §8414; which states that the claimant must record a lien within the following times: (a) After the claimant ceases to provide work. (b) Before the earlier of the following times:

Ninety days after completion of the work of improvement; or
Thirty days after the owner records a notice of completion or cessation.

Therefore, there's a set window to file a California lien claim. Subcontractors do not have to wait until the end of substantial completion, rather they must file their lien after ceasing work, but before the 90 days after substantial completion.

A Notice of Completion's effect on a California mechanics lien deadline

As discussed above, a California Notice of Completion will substantially reduce the time allowed for filing a lien claim. If filed the deadline is significantly reduced to a mere 30 days. The issue of knowing whether or not a Notice of Completion has been filed, has been addressed in the lien law itself. The California legislature has a built-in notice requirement imposed on property owners. Cal. Civ. Code §8190 provides that when an owner files a Notice of Completion or Cessation, they are required to send a copy of the notice to any direct contractor and anyone who has provided a preliminary notice within 10 days. If either of these parties didn't receive a copy of the notice within the 10-day timeframe, the shorter 30-day deadline won't apply to them. You may also find these resources helpful:

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