State Information | California - RCS Preliminary Lien Services, LLC

This is an overview of the state’s statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.

While we are happy to provide this guide as a quick reference, we highly encourage you to work with a construction attorney for your particular circumstances in our complex construction lien law environment.

California Quick Overview

Pursuant code	California Civil Code Sections 8200-8216
Prelien required for private / commercial projects	Yes
Prelien required for public projects	Yes
CA statutory relief	Full price
Lien milestone event	Overall project completion
Lien enforcement deadline	120 to 180 days
Waivable lien rights	No
Supplier to supplier rights	Likely no
Prelien document name(s)	Preliminary Notice, Preliminary 20-day Notice
Prelien minimum information	Name and address of claimant, description of services, contracted party, and statement that claimant may file a lien.
Prelien minimum notifications	Owner, construction lender, and prime contractor (if claimant is a subcontractor)
Prelien recording requirement	None
Prelien notarized	No

Understanding the Prelien Process on Construction Projects in California by Role

In general, a preliminary notice is required to preserve lien rights and must be sent within 20 days of first furnishing labor or materials. It applies to contractors, subcontractors, material suppliers, and equipment lessors, and must be sent to the owner, lender, and prime contractor if applicable.

Prime / Original / General Contractors (GCs): Private/Commercial: The prime contractor must serve a notice to the owner and lender within 20 days of first furnishing.
Subcontractors / Trade Partners (Subs): Private/Commercial: Subcontractors must serve a notice to the owner, lender, and prime contractor within 20 days of first furnishing.
Second-tier subcontractors: Private/Commercial: Second-tier subcontractors must serve a notice to the owner, prime contractor, and lender.
Lower-tier subcontractors: Private/Commercial: Lower-tier subcontractors must also serve a notice to the owner, prime contractor, and lender.
Material suppliers: Private/Commercial: Material suppliers must serve the notice to the owner, prime contractor, and lender within 20 days.
Equipment lessors: Private/Commercial: Equipment lessors must serve the notice to the owner, prime contractor, and lender.
Second-tier material suppliers: Private/Commercial: Second-tier material suppliers must serve the notice to the owner, prime contractor, and lender.

Possible Exceptions, Special Circumstances, and Caveats in California

Owner Occupied Residential: Owner-occupied residences under $1,000 are exempt.

Custom Fabrication: Custom fabrication must also be noticed.

Architect/DesignProfessionals: Architects and design professionals have limited lien rights.

Retainage: Retainage is treated the same for preliminary notices.

Mechanic's Liens in California

In California, a mechanics lien must be recorded after completion of the work and before the earlier of 90 days after project completion or 60 days after a Notice of Completion or Cessation is recorded. A foreclosure lawsuit must be filed within 90 days after recording the lien.

Bond Claims in California

On public projects, mechanic's lien rights are typically replaced by bond claim rights. Bond claim notice and enforcement timelines can vary by project type and bond language, so coordinate with your construction attorney to confirm the correct deadline and required notice path.

Construction Lien Waivers in California

Required format: California is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.

Required notarization: California does not require waivers to be notarized.

California's statutory forms must be used as-is, without adding provisions, as altering the language poses significant legal risks and may result in penalties for using non-compliant forms.

Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.

As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.

Assessors’ websites in California counties

Most often, the county Assessor’s office is the go-to resource for online lien-related information for construction project parcels—ownership records, special warranty deeds, and more. Counties that we’ve not yet found online (those with “*”) link to a Google search for your convenience.

Frequently asked questions (FAQs) on California lien processes for contractors

What is a 20-day Preliminary Notice in California?

It is the notice most claimants serve within 20 days of first furnishing to preserve lien or bond claim rights.

Who must receive the Preliminary Notice?

Generally the owner, prime contractor (if applicable), and construction lender.

What if I miss the 20-day deadline?

A late notice may still preserve rights for recent and future work, but not all prior work.

Do I have to notarize the Preliminary Notice in California?

No. Preliminary notices are not generally notarized.

Is there a dollar threshold for requiring a Preliminary Notice?

Generally no; notice is commonly required regardless of contract value.

We set the standard for the construction industry

Not only do we provide the tools, knowledge, and team to help you feel confident your rights are secured—we’re prepared for the trenches and ready to coordinate with your legal team when things “go sideways” on a project.

Our Guide to Preliens, Waivers, Mechanic’s Liens, and Bond Claims in California