Mechanic’s Lien Recording Timeframe

Updated on September 27, 2023

Picerne Constr. Corp. v. Castellino Villas

In general, Cal. Civ. Code §8412 provides that for a contractor to preserve the right to enforce a mechanic’s lien he must record his claim of lien after he completes his contract and before the expiration of either:

(a) Ninety days after completion of the work of improvement; or

(b) Sixty days after the owner records a notice of completion or cessation. (See Cal. Civ. Code §8412.)

Thus, under California’s mechanic’s lien laws, without a recorded notice of completion a general contractor has 90 days from completion of the work of improvement to record a claim of mechanic’s lien. (Cal. Civ. Code §8412(a).)

Prior to the ruling in Picerne Constr. Corp v. Castellino Villas, courts differed in opinion as to when the 90-day period began to run. Some courts held that the period was triggered upon substantial completion of a contractor’s work. (Picerne Constr. Corp v. Castellino Villas (2016) 244 Cal.App.4th 1201, 1212.) However, Picerne Constr. Corp. overturned those holdings and established that only “actual completion” will trigger the 90-day period. (Id. at 1216.)

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As support for its holding, Picerne Constr. Corp. relied on Cal. Civ. Code § 3086. In particular, the court mentioned that the Legislature in Cal. Civ. Code § 3086 defined the term completion as “actual completion of the work of improvement.” (Picerne Constr. Corp v. Castellino Villas (2016) 244 Cal.App.4th 1201, 1210.)

Takeaways

In summary, the following is a useful guide to determine when the 90-day period is triggered:

1. actual completion of the work of improvement; or

2. any of the following events which are deemed legally complete:

a. the occupation or use of a work of improvement by the owner or his agent, accompanied by cessation of labor thereon;

b. the acceptance by the owner or his agent of the work of improvement; or

c. after the commencement of a work of improvement, a cessation of labor thereon for a continuous period of 60 days, or a cessation of labor thereon for a continuous period of 30 days or more if the owner records a notice of cessation of labor.

Schorr Law has experience resolving a variety of mechanic’s lien issues. To inquire about a free 30 minute consultation, contact us by phone at (310) 954-1877 or by email at [email protected]. You can also send us a brief message on the contact form on this page.

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