Construction Liens in California
Contents
Overview
Sources
Cal. Civ. Code §§ 3082 et seq
Authorized Claimants
Mechanics, persons furnishing materials, artisans, and laborers of every class, shall have a lien upon the property upon which they have bestowed labor or furnished material for the value of such labor done and material furnished; and the Legislature shall provide, by law, for the speedy and efficient enforcement of such liens. (CA Constitution Article XIV, Pt 3) A person that provides work authorized for a work of improvement...has a lien right (CA Civil Code 8400)
Lien Priority
A lien under this chapter, other than a lien provided for in Section 8402, has priority over a lien, mortgage, deed of trust, or other encumbrance on the work of improvement or the real property on which the work of improvement is situated, that (1) attaches after commencement of the work of improvement or (2) was unrecorded at the commencement of the work of improvement and of which the claimant had no notice. (CA Civil Code 8450)
Notices and Registries
Filing Deadlines
Direct Contractor: 90 Days after completion of improvements or 60 Day after Notice of Completion recorded; Other than Direct Contractor: 90 days after completion of work or 30 days Notice of Completion recorded. (CA Civil Code 8412,8414)
Enforcement Deadlines
The claimant shall commence an action to enforce a lien within 90 days after recordation of the claim of lien. If the claimant does not commence an action to enforce the lien within that time, the claim of lien expires and is unenforceable (CA Civil Code 8460)
