What is a mechanics lien in California?

A mechanics lien is a legal claim against a property by a contractor, subcontractor, or supplier who was not paid for work or materials. Under California Civil Code §8000 et seq., a valid lien attaches to the property title and can force a sale to satisfy the debt. It is one of the most powerful collection tools in California construction law.

How long do I have to file a mechanics lien in California?

Deadlines are strict. Direct contractors (general contractors) must file within 90 days of completion of the project or their contract. Subcontractors and suppliers must file within 90 days of the date they last performed work or supplied materials. Missing the deadline permanently extinguishes the lien right.

What can I do if someone filed a mechanics lien on my property?

Property owners have several options: verify whether the lien is procedurally valid, send a demand to release an improper lien, petition the court to discharge the lien if it's defective, post a lien release bond, or negotiate a settlement. An improperly filed lien can give rise to a claim for wrongful lien against the claimant.

Can a subcontractor file a mechanics lien even if the general contractor was paid?

Yes. In California, subcontractors and suppliers have independent lien rights against the property regardless of whether the owner paid the general contractor. This is one reason property owners should require unconditional lien releases before making final payment to a general contractor.

What is a preliminary notice and why does it matter?

A preliminary notice (also called a 20-day preliminary notice) must be served on the owner, general contractor, and lender within 20 days of first furnishing labor or materials. Subcontractors and suppliers who fail to serve this notice lose their lien rights. Direct contractors are exempt from this requirement.

What is a lien release bond?

A lien release bond (also called a discharge bond) allows a property owner to post a bond — typically 125% of the lien amount — to release the lien from the property title. This frees the property for sale or refinancing while the underlying payment dispute is resolved in court.

Jayson Elliott, Esq.Bay Legal PC · Palo Alto, CA

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CA Bar No. 332479All 58 California counties

Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026

HVAC Contractors & Equipment Suppliers

HVAC Contractor Lien Rights in California

California HVAC contractors, subcontractors, and equipment suppliers who are not paid have mechanics lien rights — but the distinction between permanently installed equipment and leased or portable equipment affects what is lienable.

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Legal Information — Not Legal Advice: This page provides general information about California mechanics lien law. It is not legal advice for your specific situation. Consult a licensed attorney before making any legal decisions.

Lien Rights for HVAC Contractors in California

HVAC contractors and equipment suppliers face a unique lien issue: permanently installed HVAC equipment (ductwork, air handlers, rooftop units affixed to the structure) is generally lienable as part of the improvement to real property. Portable or leased equipment may not be. An attorney can help determine which portion of your claim is properly lienable.

Step 1: Preliminary Notice

If you are a HVAC subcontractor (not directly contracted with the property owner), you must serve a 20-day preliminary notice within 20 days of first furnishing labor or materials. Serve it on the owner, the general contractor, and the construction lender. Failure to serve a timely preliminary notice limits your lien rights.

Step 2: Record the Mechanics Lien

If payment is not received, record a mechanics lien with the county recorder in the county where the property is located. Deadlines: 90 days from your last day of work (no Notice of Completion), or 30 days after a Notice of Completion is recorded.

⚠ Strict Deadlines Apply: California mechanics lien law sets hard filing deadlines. Missing a deadline permanently extinguishes your lien rights. Consult an attorney promptly.

Step 3: Foreclose or Settle

After recording the lien, you have 90 days to file a lien foreclosure lawsuit or reach a written agreement to extend the foreclosure period. Many disputes settle during this window once the owner realizes the lien threatens a sale or refinancing.

Parallel Remedies

In addition to the mechanics lien, consider: a stop payment notice to freeze construction loan funds, a formal demand letter, and if the GC is licensed, a CSLB complaint.

Frequently Asked Questions

What is the deadline to file a mechanics lien in California?

Without a Notice of Completion, you have 90 days from the last day you performed work or supplied materials. If a Notice of Completion is recorded, subcontractors and suppliers have only 30 days from recording and direct contractors have 60 days.

What is the preliminary notice requirement for subcontractors?

Subcontractors must serve a 20-day preliminary notice on the owner, general contractor, and construction lender within 20 days of first furnishing labor or materials under Civil Code §8200. Failure to serve limits lien rights to work performed in the 20 days before the notice was actually served.

What should I do if a contractor is not paying me?

Immediately verify your preliminary notice was served, send a formal demand letter, file a mechanics lien before the deadline, and consider a stop payment notice if the project has active construction financing. Contact an attorney before the lien deadline passes.

Bay Legal PC — Mechanics Lien Attorneys

Bay Legal PC represents HVAC contractors and subcontractors throughout California on mechanics lien enforcement and construction payment disputes.

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Bay Legal PC handles mechanics lien disputes throughout California. Tell us about your situation and we'll be in touch promptly.

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Jayson Elliott consulting with clients about a mechanics lien dispute

Jayson Elliott, Bay Legal PC · Palo Alto, California

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