Frequently Asked Questions — Mechanics’ Liens & Related Remedies
- Should I prelim this job?
- What is the deadline to record a Mechanic’s Lien?
- Can you help me foreclose my Mechanic’s Lien?
- When do I have to release a Mechanic’s Lien?
- Can I serve a Stop Notice on a homeowner?
- When I work directly for the homeowner, I write up a one-page contract listing the scope of work and the price. Sometimes, we just have a verbal agreement. Is that ok?
Should I prelim this job?
This is one question you will have to answer for yourself, but we have made it a little easier by publishing the “Top 10 Mistakes: The Preliminary 20-Day Notice,” which can be viewed on The Contractor’s Secret Weapon, or downloaded to your computer. Be sure to download the free Preliminary 20-Day Notice forms (for both public and private works) from our Free Contractor Forms download page.
What is the deadline to record a Mechanic’s Lien?
Timelines to record a Mechanic’s Lien are very short; sometimes as short as 30 days from completion of the job. The deadlines vary according to whether you are a prime contractor or a subcontractor, and whether a Notice of Completion or Notice of Cessation has been filed on the job. For a more detailed explanation, please download “The California Mechanic's Lien“ in the Construction Law Reference Library and visit The Contractor's Secret Weapon for “5 Fast Facts: The California Mechanic's Lien Process”.
Can you help me foreclose my Mechanic’s Lien?
Absolutely. Construction Commando has successfully assisted contractors and material suppliers in foreclosing their Mechanics’ Liens on their own, without hiring a lawyer. Our service includes all of the necessary documents for the Superior Court and the County Recorder, as well as comprehensive attorney-authored legal information so you have everything you need at your fingertips. If you are willing to appear in court on your own behalf, we can save you several hundred dollars off what an attorney would charge.
When do I have to release a Mechanic’s Lien?
A Mechanic’s Lien must be foreclosed on within 90 days of the date it is recorded (unless a Notice of Extension of Credit is recorded). If a complaint is not filed within that time period, the Mechanic’s Lien becomes void and unenforceable. However, it still clouds the title to the property, so you must record a Release of Mechanic’s Lien. Failure to voluntarily record this Release could subject you to liability for up to $2,000 of the property owner’s attorneys’ fees and court costs to have the invalid Mechanic’s Lien removed. For more information, download “The California Mechanic's Lien“.
Can I serve a Stop Notice on a homeowner?
Who has the right to a Stop Notice (and who can be served with a Stop Notice) depends on whether you are a prime contractor or a subcontractor, whether the project is private work or public work, and whether there is a construction lender on the work of improvement. For a detailed explanation, please download “Stop Notices and Bonds on Public & Private Works“ in the Construction Law Reference Library.
When I work directly for the homeowner, I write up a one-page contract listing the scope of work and the price. Sometimes, we just have a verbal agreement. Is that ok?
No! The contractor license law has very strict requirements for residential projects (home improvement). Failure to get all contracts and change orders in writing, using the statutory language (which runs several pages long), can subject you to disciplinary action from the Contractors State License Board and, in some cases, limit your ability to collect amounts owed. Residential projects must use the Home Improvement Contract; service contracts under $750 may use the Service and Repair Contract. For your convenience, both of these documents are included in our California Construction Contracts Package.
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