A mechanics lien in California can be recorded against your house even after you've paid your contractor in full. People who supply labor or materials to improve a property and don't get paid have that right, and a mid-century remodel can bring in a roofer, an electrician, a glazier, a cabinet shop and a plumbing supplier on one job.
This guide covers the paperwork a homeowner sees: preliminary notices, lien releases, the notice of completion and the deadlines that follow. It draws on the Civil Code and the Contractors State License Board (CSLB) consumer pages, as of November 2026.
What a mechanics lien is, and why paying in full isn't enough
Article XIV, section 3 of the California Constitution gives "mechanics, persons furnishing materials, artisans, and laborers of every class" a lien on the property they improved. The details sit in Civil Code sections 8000 to 9566.
CSLB describes a mechanics lien as a "hold" against your property, filed by an unpaid contractor, subcontractor, laborer or material supplier and recorded with the county recorder. If it isn't paid, it allows a foreclosure action that can force a sale. Since July 1, 2012, the law calls the prime contractor the "direct contractor."
The trap is simple. If your direct contractor doesn't pay a subcontractor or supplier, CSLB says the homeowner is ultimately responsible for that payment, even after paying the direct contractor. The results can be paying twice, foreclosure, or a lien on title that affects borrowing, refinancing or selling.
A home improvement contract over $500 generally must include a Mechanics Lien Warning under Business and Professions Code section 7159. Our guide to hiring a licensed contractor covers the contract itself; this post picks up where that warning leaves off.
Preliminary notices: who sends them and the 20-day window
A preliminary notice is not a lien. The Mechanics Lien Warning says its purpose is to let you know that the sender has the right to record a lien if they aren't paid. As of November 2026, Civil Code sections 8200 and 8204 set the rules:
Who sends one: before recording a lien, a claimant must give preliminary notice to the owner, the direct contractor and any construction lender. Section 8200 makes it a condition of a valid lien.
Who doesn't: laborers. A claimant with a direct contract with the owner, such as your direct contractor, gives it only to the construction lender, if there is one. The warning explains that the law assumes you already know they are improving your property.
When: section 8204 says no later than 20 days after the claimant first furnished work. CSLB adds that it may be delivered in person or by certified, registered or first class mail.
Late notices: still allowed, but the lien then reaches only work furnished within 20 days before the notice was served, and after.
CSLB's tip: save every preliminary notice and note the date you received it. The warning cautions that paying your contractor before the notices arrive "can be a big problem," so find out when each subcontractor and supplier started, then wait 20 days.
Conditional and unconditional lien releases
CSLB says no lien release is binding unless the claimant signs and delivers a waiver and release. Under Civil Code sections 8132 to 8138, a waiver given in exchange for payment is "null, void, and unenforceable" unless it is in substantially the form the statute sets out. There are four:
Conditional Waiver and Release on Progress Payment (Civil Code 8132): for a progress payment the claimant hasn't received yet. The form says it is effective only on the claimant's receipt of payment from the bank the check is drawn on.
Unconditional Waiver and Release on Progress Payment (Civil Code 8134): the claimant states the progress payment was received.
Conditional Waiver and Release on Final Payment (Civil Code 8136): tied to the final payment and binding only with evidence of payment, such as an endorsed check paid by the bank or a written acknowledgment from the claimant.
Unconditional Waiver and Release on Final Payment (Civil Code 8138): the claimant states the final payment was received.
The difference matters. The unconditional form warns the claimant in capital letters that it is enforceable against them if they sign it, "EVEN IF YOU HAVE NOT BEEN PAID." The conditional forms warn that no one should rely on them unless satisfied the claimant has been paid.
Read the exceptions on each form, too. Both progress forms say the release doesn't affect retentions, extras the claimant hasn't been paid for, or contract rights. A release also covers work only through the "Through Date" written on it. CSLB posts all four forms on its lien release forms page.
A payment routine for each draw
CSLB's steps to prevent a mechanics lien fit into a routine you can repeat at every progress payment:
Before you sign. Hire only licensed contractors and check the license on CSLB's website. Get a list of all subcontractors, laborers and suppliers. CSLB suggests a payment schedule in the contract with each phase's dates, price, subcontractors and suppliers.
Before you pay. Compare the contractor's bill to the payment schedule and the preliminary notices you've received, and confirm the work was done as described. Get a signed conditional release from the possible lien claimants for that payment. CSLB says the direct contractor is required to get those signatures for you.
When you pay. CSLB calls joint checks the simplest way to prevent liens: make the check payable to both the contractor and the subcontractor or supplier, so both must endorse it.
After you pay. Get an unconditional release signed by each claimant who was paid for that portion of the work, and make sure the actual claimant signs it.
Before the next draw. Under Business and Professions Code 7159.5(a)(6), you may withhold further payments until the contractor furnishes the unconditional releases you asked for.
Keep the notices, releases, cancelled checks and change orders in one job file. Financing the work? See our post on a renovation loan for an older home.
Notice of completion: 15 days, and shorter lien windows
Civil Code 8182(a) says an owner "may record a notice of completion on or within 15 days after the date of completion." The owner signs and verifies it, it states the date of completion, and a notice that doesn't meet the section's requirements isn't effective.
Section 8180 says completion happens at actual completion; when the owner occupies or uses the work and labor stops; when labor stops for a continuous 60 days; or when a notice of cessation is recorded after labor has stopped for a continuous 30 days. From there, as of November 2026:
Direct contractor (section 8412): must record a lien before the earlier of 90 days after completion or 60 days after the owner records a notice of completion.
Everyone else (section 8414): before the earlier of 90 days after completion or 30 days after the notice is recorded.
Copies (section 8190): within 10 days of recording, an owner must give a copy to the direct contractor and to each claimant that gave the owner a preliminary notice. If that owner doesn't, the notice doesn't shorten that person's time to record a lien. The section doesn't apply to a person who occupies the property as a personal residence, if the dwelling has four or fewer residential units.
This county record is separate from your city building permit; our guide on checking permit history covers the permit side.
If a lien is recorded on your house
CSLB's first advice is to find out whether the lien is valid, and it notes that an attorney can help. Its checklist asks:
Did a subcontractor or supplier give you a preliminary notice within 20 days of starting work or delivering materials? A late notice limits the claim as described above.
Did a Notice of Mechanics Lien, with a signed proof of service affidavit, accompany the claim? CSLB's law book says failing to serve it makes the lien unenforceable.
Was the lien recorded within the time allowed under sections 8412 and 8414? If not, CSLB says it isn't valid.
Did the claimant sue to enforce the lien in time? Under section 8460, that action must start within 90 days after recording, or the lien expires and is unenforceable, with a narrow exception for a recorded extension of credit.
A lien stays in the county records and on title until you act to remove it, and CSLB warns that even an invalid lien can make it hard to sell, refinance or get a line of credit. Its steps start with a written request to the claimant by certified, registered or express mail, keeping a copy and the postage receipt. If that fails and the deadlines have passed, a court petition to release the property is available, which CSLB calls "a complicated process that may require the services of an attorney."
This is general information as of November 2026, not legal advice. For a specific contract, payment or recorded lien, check with CSLB, your county recorder or an attorney.
Frequently asked questions
Can a subcontractor put a lien on my house if I paid my contractor?
Yes. CSLB says the homeowner is ultimately responsible even after paying the direct contractor. Preliminary notices, joint checks and releases help you track who has been paid.
What's the difference between a conditional and an unconditional lien release?
A conditional release takes effect only when the claimant is actually paid, so you collect it before paying. An unconditional release says the claimant has been paid and is enforceable once signed, so you collect it after the payment clears.
Do I have to record a notice of completion?
No. Civil Code 8182 says an owner "may" record one, within 15 days after completion. Once recorded, the lien deadline becomes 60 days after recording for the direct contractor and 30 days for others, if that comes before 90 days after completion.
How long does a recorded lien last?
Under Civil Code 8460, the claimant generally has 90 days after recording to sue to enforce it, or the lien expires. CSLB says it stays on title until you act to remove it. An attorney can advise on releasing it.
Related reading
Hire a Licensed Contractor in California: Mid-Century Remodel Guide
Mid-Century Modern Kitchen Remodel: Keep the Architecture Intact
More guides on this topic: Owning & Renovating a Mid-Century Modern Home
Planning a remodel on a mid-century home you own or are buying? Call or text the Boyenga Team at Compass at (408) 373-1660 or (650) 383-8606, or contact the Boyenga Team to talk through the project before the first payment goes out.
