On a private job in California, give the preliminary notice within 20 days of first furnishing work. Record the lien within 90 days after completion, or sooner if the owner records a notice of completion or cessation: 60 days for a direct contractor, 30 days for everyone else. Then sue to enforce it within 90 days after recording.
Each rule below links to its California Civil Code section. CSLB's Law and Business study guide lists "Liens and other remedies" under section 4, Insurance and Liens, which CSLB lists as about 12% of the exam (CSLB says its percentages are approximate). CSLB does not say how many questions on the exam are about liens.
Deadline cheat sheet (private works)
| Step | Who | Deadline | Statute |
|---|---|---|---|
| Preliminary notice | Every claimant except laborers (a direct contractor sends it only to the construction lender) | Not later than 20 days after first furnishing work | Civ. Code 8200, 8204 |
| Notice of completion | Owner | Optional; if recorded, on or within 15 days after completion | Civ. Code 8182 |
| Copy of notice of completion or cessation | Owner, to the direct contractor and to claimants who gave preliminary notice | Within 10 days of recording | Civ. Code 8190 |
| Record the lien | Direct contractor | After finishing its contract, and before the earlier of 90 days after completion or 60 days after a notice of completion or cessation is recorded | Civ. Code 8412 |
| Record the lien | Everyone else | After it stops providing work, and before the earlier of 90 days after completion or 30 days after a notice of completion or cessation is recorded | Civ. Code 8414 |
| Sue to enforce the lien | Lien claimant | Within 90 days after recording the lien | Civ. Code 8460 |
| Record notice of pending action | Lien claimant | On or before 20 days after filing the suit | Civ. Code 8461 |
The 20-day preliminary notice
Who gives it, and to whom. Before recording a lien, giving a stop payment notice, or claiming against a payment bond, a claimant must give preliminary notice to the owner, the direct contractor, and the construction lender, if any (Civ. Code 8200). There are two exceptions in the same section:
- A laborer does not have to give it.
- A contractor with a direct contract with the owner gives it only to the construction lender, if there is one.
A "direct contractor" has a direct contract with the owner; a "subcontractor" does not (Civ. Code 8018, 8046). The direct contractor must give anyone who wants to send a preliminary notice the names and addresses of the owner and any construction lender (Civ. Code 8208).
When. Not later than 20 days after the claimant first furnishes work. A late notice is still allowed, but the claimant can then lien only for work done within 20 days before the notice was served, and after (Civ. Code 8204).
How. By personal delivery, by mail, or by leaving it and mailing a copy (Civ. Code 8106). "Mail" means registered or certified mail, express mail, or overnight delivery by an express carrier (Civ. Code 8110). Mailed notice counts as given when it is deposited in the mail (Civ. Code 8116).
License consequence. If a licensed subcontractor's contract pays more than $400 and it fails to give the notice, that is grounds for CSLB discipline (Civ. Code 8216).
What counts as "completion"
Most lien clocks run from completion. Under Civ. Code 8180, completion happens on any of these:
- Actual completion of the work.
- Occupation or use by the owner, together with cessation of labor.
- Cessation of labor for a continuous 60 days.
- Recording a notice of cessation after labor has stopped for a continuous 30 days.
An owner may record a notice of cessation once labor has stopped for at least 30 days in a row and is still stopped (Civ. Code 8188).
Recording the lien: 90, 60 or 30 days
No notice of completion or cessation recorded: everyone has until 90 days after completion.
Notice of completion or cessation recorded: the window shrinks. A direct contractor must record before the earlier of 90 days after completion or 60 days after the notice is recorded (Civ. Code 8412). Every other claimant gets the earlier of 90 days after completion or 30 days after the notice is recorded (Civ. Code 8414).
There is also a start point: a direct contractor records after finishing its own contract, and others after they stop providing work.
The owner's 10-day duty. An owner who records a notice of completion or cessation must send a copy within 10 days to the direct contractor and to each claimant who gave it preliminary notice. If the owner skips someone, the notice does not shorten that person's lien deadline. This duty does not apply to an owner who lives in the property as a personal residence with four or fewer units (Civ. Code 8190).
Serving the lien on the owner
The claim of lien must include a Notice of Mechanics Lien and a proof of service affidavit. A copy goes to the owner or reputed owner by registered, certified, or first-class mail with a certificate of mailing. If the owner can't be served that way, it may go to the construction lender or the original contractor. If it is not served as the statute requires, the lien is unenforceable (Civ. Code 8416).
Section 8416 does not set a separate number of days for service. Because the recorded claim must already contain the proof of service affidavit, service is part of preparing the claim, not a later step.
Enforcing the lien: 90 days after recording
The claimant must file a suit to enforce the lien within 90 days after recording it, or the lien expires (Civ. Code 8460). The one exception: the owner and claimant agree to extend credit, and notice of it is recorded. The suit is then due within 90 days after the credit ends, but never later than one year after completion. After filing, the claimant records a notice of pending action on or before 20 days later (Civ. Code 8461).
Worked timeline
A private office remodel (the owner does not live there). We count calendar days from the trigger date. This is an example for study, not legal advice for a real claim.
| Date | Event | What it sets |
|---|---|---|
| March 2 | Electrical sub first furnishes work | Sub gives preliminary notice to the owner, the direct contractor and any construction lender by March 22 (20 days) |
| July 15 | Work actually completed | Outside limit to record any lien: October 13 (90 days) |
| July 25 | Owner records a notice of completion and sends copies the same week | Within the 15-day window to record it |
| August 24 | 30 days after the notice | Last day for the sub to record its lien |
| September 23 | 60 days after the notice | Last day for the direct contractor to record its lien |
If the sub records on August 20, it must file suit by November 18 (90 days). Because the sub gave the owner preliminary notice, the owner had to send it a copy of the notice of completion. If the owner had not, the sub's deadline would stay at October 13 (Civ. Code 8190).
Public projects: no lien, use other remedies
The private works title that holds the mechanics lien rules says it applies only to work not governed by Title 3 (Civ. Code 8160), and Title 3 applies to work contracted for by a public entity (Civ. Code 9000). On a public job, an unpaid claimant instead gives a stop payment notice to the public entity or makes a claim against the payment bond. A direct contractor can do neither (Civ. Code 9100).
| Public works rule | Statute |
|---|---|
| Preliminary notice goes to the public entity and the direct contractor. Laborers, and claimants with a direct contract with the direct contractor, are exempt. | Civ. Code 9300 |
| Stop payment notice: within 30 days after a notice of completion, acceptance, or cessation is recorded; if none is recorded, 90 days after cessation or completion | Civ. Code 9356 |
| Payment bond required on contracts over $25,000, before work starts (this section does not cover contracts with a state entity) | Civ. Code 9550 |
| Bond amount: at least 100% of the contract | Civ. Code 9554 |
| Suit on the bond: no later than six months after the stop payment notice period ends | Civ. Code 9558 |
Private jobs have stop payment notices too, but one is valid only if given before the lien recording deadline runs out (Civ. Code 8508).
Common exam traps
- 60 vs 30 days. 60 days after a notice of completion or cessation is for the direct contractor only. Subs and suppliers get 30.
- 90 days twice. 90 days after completion is the recording limit. 90 days after recording is the suit limit. Read which event the question names.
- 15 vs 10 days. An owner may record a notice of completion; if it does, it must record it on or within 15 days after completion (Civ. Code 8182), then send copies within 10 days of recording (Civ. Code 8190).
- Late preliminary notice. It is not fatal. It limits the lien to work from 20 days before service onward.
- Laborers. They have lien rights (Civ. Code 8400) but do not give preliminary notice.
- Public work. No mechanics lien. Think stop payment notice and payment bond.
- Lien release bond. An owner or affected contractor who disputes a lien can free the property by recording a bond of 125% of the claim (Civ. Code 8424).
Sources
Every statute link above goes to the Civil Code text on the official California Legislative Information site. We checked the text of each section between October 25 and October 28, 2026. Exam outline: CSLB Law and Business study guide.
This page is a study aid, not legal advice. CalContractorPrep is not affiliated with the Contractors State License Board.