On private construction projects (commercial, residential existing and new) CALIFORNIA Civil Code § 8400 et seq. mandates that Direct Contractors and Subcontractors can record a notarized CALIFORNIA Mechanics Lien up to ninety (90) days after the last day providing equipment, labor, materials or services for a project.
If a CALIFORNIA Notice Of Completion or CALIFORNIA Notice Of Cessation is filed a Subcontractor’s CALIFORNIA Mechanics Lien deadline is shortened to thirty (30) days. A Direct Contractor’s CALIFORNIA Mechanics Lien deadline is shortened to sixty (60) days.
What many lien claimants for construction lien claims in California forget is to send ALL copies of the lien to be recorded PRIOR to recording to the Owner of the property, along with any other legal parties that have a legal interest in the project (Owner, Owner’s representative, Subcontractor you may have been in contract with if you were a Sub-Sub, Direct Contractor, and even the lender or surety).
AFTER the lien is recorded, send the recorded copy again to all legal parties, by USPS certified mail.
Once a CALIFORNIA Mechanic’s Lien is recorded, as Claimant you are required to file suit to foreclose on the lien within ninety (90) days from date the CALIFORNIA Mechanic’s Lien was recorded. This deadline can be extended for up to a total of one (1) year with the consent of all legal parties by filing a CALIFORNIA Notice Of Credit for extension.
Craig R. Altman
TRADITION SOFTWARE, INC.