A Lien On Your House
Civ. Code 8412 — the preliminary notice first, a claim of lien within ninety days, and 90 days to sue
In California, before recording a lien claim, a claimant gives preliminary notice to the owner, the direct contractor and any construction lender, and that notice is a prerequisite to a valid lien. A laborer need not give one, and a claimant who contracted directly with the owner gives it only to the lender.
| Who records the claim of lien | When |
|---|---|
| Who records the claim of lienA direct contractor | WhenAfter completing the contract and before the earlier of ninety days after completion of the work or sixty days after the owner records a notice of completion |
| Who records the claim of lienAny other claimant | WhenAfter ceasing work and before the earlier of ninety days after completion or thirty days after a notice of completion |
Then 90 days to sue. The claimant commences an action to enforce the lien within 90 days after recording the claim of lien. If not, the claim of lien expires and is unenforceable, unless the claimant and owner agreed to extend credit and recorded notice of it.
Whether a particular lien is valid, and how to contest or discharge one, are questions for a licensed California attorney.
Sources for this section (4)
- Civ. Code 8412 — Direct contractor; time to record a claim of lien
- Civ. Code 8200 — Preliminary notice
- Civ. Code 8414 — Claimant other than a direct contractor; time to record a claim of lien
- Civ. Code 8460 — Action to enforce a lien; time to commence
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed California attorney.