How to File a Mechanics Lien on a Construction Project in Costa Mesa

Knowing how to file a mechanics lien on a construction project in Costa Mesa is important for obtaining payment on unpaid construction projects. California’s lien laws are strict, deadline-driven, and documentation-based. Filing mistakes can void an otherwise valid lien. Understanding lien basics can help ensure your right to get paid is protected.

If you’re a contractor, subcontractor, or supplier who has completed work on a construction project but hasn’t been paid, you may have lien rights under California law. Engels-Janzen provides clear guidance and practical advice on enforcing liens for unpaid labor and materials. Mechanics lien rights are governed by a complex web of statutory requirements that we can help you navigate.

Hire a Mechanics Lien Lawyer

Preparing, recording, and enforcing liens while assessing compliance with Civil Code provisions can be tricky. Engels-Janzen can handle the lien preparation, recording, and enforcement for construction professionals. We also understand how the issues contractors and suppliers face on Costa Mesa projects can complicate lien enforcement.

This includes matters like dealing with multiple subcontractors, long project timelines, and effectively tracking critical deadlines that affect the lien’s enforceability. Our experience in construction law and payment disputes allows Engels-Janzen to offer concrete, practical advice you can rely on when it comes to preserving and enforcing your rights.

Understanding Who Has Lien Rights in California

According to the most recent report by the Associated General Contractors of America, California saw $34 billion in private nonresidential construction spending and $46 billion in state and local construction spending. With such a large construction economy, lien remedies serve an important function in ensuring contractors get paid. Identifying your role and rights early in the process is important, as the statutory requirements vary.

Mechanics lien rights can apply to: 

• Contractors
• Subcontractors
• Laborers
• Material suppliers
• Certain design professionals
• Others who improve real property by work performed or materials provided

Preliminary Notice and Documentation Requirements

California law imposes strict compliance requirements with preliminary notice rules. Missing deadlines to serve those notices can result in loss of lien rights.

In a typical mechanics lien case, the claimant must serve a California 20-Day Preliminary Notice on the property owner, direct contractor, and lender, if applicable. Preliminary notice preserves lien rights to be recorded later if payment disputes arise.

The California Contractors State License Board (CSLB) reports over 20,000 complaints per year related to construction issues in the state. Many of these complaints involve payment disputes, contract violations, and documentation errors. Clear and comprehensive invoices, delivery confirmations, time logs, and written change orders can help support lien claims and prevent challenges related to insufficient documentation.

Filing the Mechanics Lien and Serving the Required Notices

In Costa Mesa, a mechanics lien must be filed by recording a statutory form of lien, which includes a legal description of the property, with the Orange County Recorder’s Office. The deadlines for this process can vary based on the type of project, such as private residential work, a commercial build on Harbor Boulevard, or a complex improvement in Westside industrial areas.

After recording, the mechanics lien must be served to the owner in accordance with the law. Inaccuracies in service, missing signatures, or incorrect property descriptions can all render a lien unenforceable. For this reason, strict adherence to the required steps in the California Civil Code is essential.

Enforcing or Releasing the Lien After Filing

A mechanics lien is not perpetual after it is filed. If the claimant is not paid, a legal claim to enforce the lien is usually required within 90 days, or the lien expires and becomes unenforceable. This enforcement action allows the court to establish the amount owed, evaluate the lien’s compliance with statutory requirements, and potentially order a property sale to pay the lien.

If the claimant receives payment, they must file a lien release as soon as possible to avoid penalties. Timely enforcement and release actions are crucial to avoid delays and ensure the lien rights are maintained after recording.

FAQs

What Information Should Be Included in a Mechanics Lien Claim?

A valid mechanics lien must include the claimant’s contact information, a description of the labor or materials furnished, the amount owed, and an accurate legal property description. California also requires a signed proof of service showing the lien was delivered to the property owner.

Incomplete property details, incorrect amounts, or missing declarations can invalidate the lien. Reviewing recorded documents and project contracts can help ensure the information included in the lien is accurate and enforceable.

How Long Do I Have to Enforce a Recorded Mechanics Lien?

A recorded mechanics lien is time sensitive. Claimants generally have 90 days from the date of recording to file a legal claim to enforce it. If enforcement does not occur within that window, the lien automatically expires and becomes void. Contractors may request a voluntary extension only if the property owner signs a written agreement. Evaluating payment status quickly and monitoring deadlines helps preserve the right to pursue collection through the lien enforcement process.

How Do Stop-Work Notices Affect Mechanics Lien Rights?

Issuance of a stop work notice by the City pursuant to California Civil Code §8800 does not distinguish a contractor’s lien rights but may impact timelines on a project. Deadlines to record a mechanics lien still run in the case of a work stop, typically from completion of work or the last provision of labor. These dates should be monitored closely as the periods to record liens do not automatically extend when the city orders a work stop.

What Local Factors Affect Mechanics Lien Claims in Costa Mesa?

Site compliance problems in Costa Mesa are frequently related to the Costa Mesa Municipal Code and Building Division Rules, such as visible permit posting per CMC 1-32. For example, projects on Harbor or Newport Boulevard may have to meet city traffic control requirements. When contractors fail to request inspections promptly and start work before permit activation, or break documented rules, CSLB complaints are typically a result.

Contact a Mechanics Lien Lawyer

Mechanics liens require precise steps and strict deadlines. Engels-Janzen can review your situation, explain your options, and help you pursue payment effectively. Contact our firm to discuss your Costa Mesa construction matter. Book a consultation and hire a mechanics lien lawyer today.