Enforcing Your Mechanics Lien in California

Recording a mechanics lien gives you leverage — but if payment does not follow, you must act. California law gives you 90 days from recording to foreclose the lien or reach a written extension agreement with the owner.

Small Claims Court (Up to $12,500)

California small claims court is available for claims up to $12,500 for individuals and $6,250 for businesses (per claim). It is fast, inexpensive, and does not require an attorney to appear. Hearings are typically scheduled within 30–70 days of filing.

Small claims is well-suited for: unpaid invoices under the limit, security deposit disputes, and minor defective work claims. It is not appropriate for lien foreclosure, which must be filed in superior court.

Superior Court — Unlimited Civil (Over $25,000)

For claims over $25,000, an unlimited civil lawsuit in superior court is the appropriate venue. This is where mechanics lien foreclosure actions are filed, and where complex construction disputes with multiple parties, large damages, or counterclaims are resolved.

Superior court cases take 12–24 months to reach trial if not settled, but most resolve through early negotiation, mediation, or arbitration.

Superior Court — Limited Civil ($12,500–$25,000)

For claims between $12,500 and $25,000, limited civil court offers a streamlined version of superior court with somewhat reduced procedural complexity and lower filing fees.

Arbitration

Many construction contracts contain mandatory arbitration clauses. If your contract requires arbitration, you may not have the option to litigate in court. Arbitration can be faster than court and allows the parties to select an arbitrator with construction expertise, but it also eliminates certain rights (e.g., jury trial) and awards are generally final.

Causes of Action in Construction Payment Cases

• Breach of contract — the most common claim; requires proving the contract terms, breach, and resulting damages
• Quantum meruit — recovery for the reasonable value of work performed, even without a written contract
• Prompt payment violations — California's prompt payment statutes impose penalties of 2% per month on late payments
• Mechanics lien foreclosure — requires a timely-filed lien and a separate lawsuit filed within 90 days
• Fraud / intentional misrepresentation — available if the other party made false representations to induce the contract or avoid payment

Frequently Asked Questions