There are laws for almost everything. Even when it comes to safeguarding the rights of a construction worker, there are suitable laws. The best example of such a law is a mechanic’s lien. Enforcing this lien on any privately-owned project in any part of the US is basically a process that follows a similar procedure. These include providing a pre-notice if needed, creating the lien, recording it, and finally seeking legal action to enforce it if needed. Once everything is done and you have been paid for your services and work, the last step includes the release of the lien.

Process of Mechanic’s Lien in California

It is important for you to know that despite the fact that the formula remains basic for a mechanic’s lien, different states have their own set of rules and laws for it. It is also worth noting here that the lien process of California varies to some extent from the basic formula. This has been discussed below.

  • Providing A Preliminary Notice: The process of mechanic’s lien in the state of California starts off with a Preliminary Notice. It is important for this notice to be served within a time span of 20 days from the first set of furnishing materials or labor to the construction site. This notice will help to preserve your rights to the actual lien if you fail to receive your pay. It is also possible for you to serve the Preliminary Notice after the time limit of 20 days after furnishing materials and labor for the construction project. However, in that case, only the work that is provided within the time of 20 days prior to serving the Preliminary Notice and work furnished from then on will be included in the lien.
  • Making A Record of The Lien at The Right Time: Have you still not received your pay for your work at a construction site? It is time to record the California mechanic’s lien. The timing of this process is entirely dependent on the completion of a project of improvement. However, this can be slightly tricky for you to understand. Under normal circumstances, you have 90 days from the time of completion of a project to record a lien and also serve it to the owner of the property. This timeline can easily be shortened if the owner records a Notice of Cessation or Completion. In that case, subcontractors will have 30 days to record their liens and direct contractors will have 60 days.
  • Take Legal Steps: After the recording of the lien is completed, you have 3 months or 90 days from the day of recording to file suit. This lawsuit should include the names of all the concerned members or parties such as the owner, contractors, material suppliers, and lenders. If the lawsuit is not filed on time, the lien become void. In order to safeguard your rights and interests, make sure to follow all the requirements and deadlines of the entire process of the mechanic’s lien in the state of California.