Updated on September 30, 2025

A mechanics lien in California can take property owners by surprise. Filed by contractors, subcontractors, or suppliers, this legal claim creates a lien against your property—often interfering with refinancing, selling, or transferring a clean title.  These liens have no immediate court supervision so they are very easy to file and unfortunately some aggressive contractors file them without the proper basis in order to extract payment from the homeowner.

If you are asking:

• Why is there a lien if I paid the contractor?

• What defenses do I have?

• How do I remove a mechanics lien in California?

This guide walks you through it all.

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What Property Owners Need to Know About Construction Liens

A mechanics lien in California is a legal tool that allows unpaid contractors or suppliers to seek compensation directly from your property. In some cases, it can lead to foreclosure.  There are strict requirements for when the lien can be recorded and the time frame within which the contractor must initiate foreclosure proceedings.

According to the California Contractors State License Board (CSLB), even if you already paid your general contractor, subcontractors and suppliers can still file liens if they were not paid.

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Who Can File a Mechanics Lien in California?

Under California Civil Code §§ 8000–9566, the following parties may legally file a mechanics lien:

• General contractors

• Subcontractors

• Laborers

• Equipment or material suppliers

• Design professionals (engineers, architects)

They do not need to have a direct contract with you. If their work improved your property, they may have lien rights.

Learn more in our internal article: 3 Keys to Mechanic’s Liens in California – Schorr Law

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Mechanics Lien Deadlines in California

The CSLB’s Lien Requirements Checklist lays out strict timeframes:

• Preliminary Notice – Must be served within 20 days of providing labor or materials.

• Recording the Lien – Must be recorded within 90 days of project completion, or 60 days if a Notice of Completion is filed.

• Enforcement – A lawsuit must be filed within 90 days of recording the lien. Otherwise, the lien becomes unenforceable.

Missing any of these is a strong legal defense and may allow and attorney to come in and expunge the lien (remove it from title).

Related: Deadline to Record Mechanics Lien in California – Schorr Law

For a detailed breakdown by contractor type, check out Deadline to Record Mechanics Lien in California Schorr Law, A Professional Corporation

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Legal Defenses Against Mechanics Liens

Here are common defenses against a mechanics lien in California:

• • No valid contract or work performed

  • Payment already made (proof can invalidate the lien)

  • Failure to serve preliminary notice

  • Missed filing/enforcement deadlines

  • Inflated or fraudulent lien amounts

Learn more: Mechanic’s Lien Recording Timeframe – Schorr Law

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How to Remove or Challenge a Mechanics Lien in California

Options for clearing a mechanics lien in California include:

• • • Request a Lien Release – After resolving payment disputes.

    • File a Lien Release Bond – Transfers the lien from the property to the bond.

    • Petition to Remove an Invalid Lien – Civil Code § 8480 allows removal through court if the lien is defective or expired.  This is much like a lawsuit.

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Avoiding Future Construction Liens in California

The CSLB recommends the following:

• • • Request lien waivers with every payment

    • Keep organized documentation of all contracts and receipts

    • Pay subcontractors via joint checks

    • File a Notice of Completion to shorten lien deadlines

    • Consult an attorney early if a dispute arises

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Get Help With a Mechanics Lien in California

At Schorr Law, our real estate attorneys help:

• Remove or expunge invalid mechanics liens

• Defend against lien lawsuits

• Properly file or challenge mechanics liens

• Negotiate settlements to protect your title

Call (310) 954-1877 or contact us online for a free consultation.

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FAQs About Mechanics Liens in California

1.Can a mechanics lien stop me from selling my property?
Yes. A lien creates a cloud on title and must be resolved before a sale or refinance.  This lien makes the property not marketable and prevents new loans and sales.

2. What if I never hired the person who filed the lien?
You may still face liens from subcontractors or suppliers, even if you only hired the general contractor. Liability may be limited if notices were not properly served.  There are few checks on the quick recording of a mechanic’s lien.

3.How long does a mechanics lien last?
Once recorded, it remains valid for 90 days unless a lawsuit is filed. If no lawsuit is filed, it can be removed but that still requires court action if the contractor does not voluntarily remove the lien.   Just because a contractor’s lien is invalid, it does not mean the contractor does not have other remedies for collection like a normal lawsuit for breach of contract.

4.Can I be sued if a lien is filed against my property?
Yes. If the claimant files a lawsuit to enforce the lien, you may be named as a defendant. However, strong defenses—like proof of payment or missed deadlines—can result in dismissal.

5.Does title insurance cover mechanics liens?
It depends. Standard title insurance usually excludes mechanics liens arising after the policy date. Some enhanced policies may offer limited coverage. Always confirm with your title insurer.