Mechanics Lien

San Diego Mechanics Lien Attorneys

A California mechanics lien is one of the most powerful collection tools available to a contractor, subcontractor, or material supplier — but the procedural requirements are unforgiving. The wrong notice at the wrong time invalidates the lien. Khashayar Law Group handles mechanics liens for claimants and challenges improperly recorded liens on behalf of property owners.

California Mechanics Lien Procedure

The California mechanics lien framework under Civil Code §§8400–8494 generally requires:

• Preliminary 20-day notice under Civil Code §§8200–8216 — served on the property owner, original contractor, and construction lender within 20 days of first furnishing labor or materials.
• Recording the lien — within 90 days of completion of the work as a whole (or 60 days after the owner records a notice of completion).
• Service of the lien on the property owner under §§8410–8418.
• Foreclosure suit — within 90 days of recording the lien under §8460. Failure to file extinguishes the lien.
• Release bond procedures — under §§8424–8424 to allow the property to be cleared while the dispute is pending.

For public works, stop-payment notices under Civil Code §§8500–8560 and payment bond claims provide parallel remedies.

Why Mechanics Lien Procedure Is Unforgiving

California mechanics lien deadlines are jurisdictional — courts have no equitable discretion to extend them. A lien recorded one day late is invalid. A foreclosure suit filed 91 days after recording is barred. Property owners can release improper liens through the §8480 expungement procedure and recover statutory damages and attorneys' fees against claimants who fail to release a known-invalid lien.

How Khashayar Law Group Handles These Matters

Khashayar Law Group approaches every matter with the same trial-ready discipline that produced over $165 million in recoveries firm-wide. Daryoosh Khashayar has tried cases before juries, before judges, and before the California Court of Appeal, where he has secured multiple reversals of Superior Court rulings. He has litigated against major insurers including GEICO and Progressive, and against large corporations including Walmart and Costco.

ABOTA Membership and What It Means for Clients

Daryoosh Khashayar is a member of ABOTA — the American Board of Trial Advocates, an invitation-only organization for attorneys with exceptional verified civil jury trial experience and judicial recommendations. The firm has recovered more than $165 million for clients and prepares every matter — transactional or litigated — with the trial-readiness corporate counterparties respect.

Frequently Asked Questions

How long do I have to record a California mechanics lien?

Generally 90 days from completion of the work as a whole, or 60 days after the owner records a notice of completion or cessation, whichever is earlier, under California Civil Code §8412.

What is a California preliminary 20-day notice?

A required preliminary notice under California Civil Code §§8200–8216, served on the property owner, original contractor, and construction lender within 20 days of first furnishing labor or materials. Failure to serve the preliminary notice generally invalidates a subsequent mechanics lien.

How long do I have to foreclose on a recorded mechanics lien?

Ninety days from the date of recording under California Civil Code §8460. If suit is not filed in that window, the lien expires. The property owner can then have the lien released.

Can a property owner release an invalid mechanics lien?

Yes. California Civil Code §8480 provides an expedited petition procedure to release an invalid or stale lien. The owner may also be entitled to statutory damages and attorneys' fees against a claimant who fails to release a known-invalid lien on request.

Do mechanics liens require a contractor license?

Yes, for contractors required to be licensed under Business & Professions Code §7031. An unlicensed contractor performing work over $500 generally cannot enforce a mechanics lien — and may be required to disgorge all payments received.

Talk to a San Diego Mechanics Lien Attorney

Khashayar Law Group serves clients throughout San Diego and California. Consultations are free and confidential. Call (858) 509-1550 or visit our office at 1350 Columbia St., Suite 303, San Diego, CA 92101.