What is a mechanics lien?
2026-09-04 · 8 min read
A mechanics lien is the reason a construction invoice has teeth. It is a claim recorded against the property itself, and it survives your customer's cash-flow problems — provided you met the conditions the statute sets.
A claim against the property, not the debtor
An invoice is a claim against whoever signed the contract. A mechanics lien is a claim against the real property your labour or material went into. That difference is the whole point: the general who owes you may be thin, slow or insolvent, but the building is none of those things, and its owner has to clear title before selling or refinancing.
Because the lien attaches to someone else's asset, every state hedges it with strict conditions — who may claim, what notice comes first, and a short recording window. Meet them and you hold security. Miss one and you hold an invoice.
Why it works when invoices do not
A recorded lien sits on title. The owner cannot sell cleanly, the lender will not fund the next draw, and the title company will not insure over it. Everyone above you in the payment chain now has an expensive problem that a cheque solves. Most liens are released without a lawsuit for exactly that reason.
It also reaches past your own customer. A sub-sub with no contract with the owner can still lien the owner's property, subject to the notice rules — which is why generals collect waivers at every tier.
| Instrument | Runs against | Pressure |
|---|---|---|
| Invoice | Your customer | Low |
| Notice of intent | Owner, prime, lender | Medium |
| Recorded lien | The property title | High |
| Foreclosure suit | The property itself | Highest |
Three clocks, running from different days
Notices run from the day you first furnish work. California requires preliminary notice to the owner, the direct contractor and the construction lender within 20 days of first furnishing; Florida gives a non-privity lienor until 45 days after starting to serve the Notice to Owner.
Recording runs from the day you last furnish. California: before the earlier of 90 days after completion or 60 days after a recorded notice of completion — 30 days if you are not the direct contractor. Texas: the 15th day of the fourth month after the month your work finished, or the third month on residential.
Suit runs from recording. California gives 90 days; after that the claim of lien expires and is unenforceable.
Lien deadline
An owner who records a notice of completion can cut a California non-prime claimant's window to 30 days without telling anyone. Watch the recorder, not your inbox.
On public work there is no lien
You cannot lien a courthouse. On federal projects the Miller Act substitutes a payment bond: a claimant unpaid 90 days after its last labour or material may sue on the bond, a claimant below the first tier must first give the prime written notice within that same 90 days, and any action must be brought no later than one year after the last work.
State and local public work usually follows a “Little Miller Act” with its own windows. Work out which regime your job is in before you plan anything — the lien vs bond comparison lays the two side by side.
Sources
- Cal. Civ. Code § 8200
Before recording a lien, giving a stop payment notice or claiming against a payment bond, a California claimant must give preliminary notice to the owner, the direct contractor and the construction lender. A laborer is exempt.
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- Cal. Civ. Code § 8204
The California preliminary notice is due no later than 20 days after the claimant first furnishes work. A late notice still works, but it reaches back only 20 days before service.
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- Cal. Civ. Code § 8412
A California direct contractor must record its claim of lien before the earlier of 90 days after completion of the work of improvement, or 60 days after the owner records a notice of completion or cessation.
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- Cal. Civ. Code § 8414
A California claimant who is NOT the direct contractor must record before the earlier of 90 days after completion, or 30 days after the owner records a notice of completion or cessation.
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- Cal. Civ. Code § 8460
A California claimant must file suit to enforce the lien within 90 days of recording it, or the lien expires and is unenforceable.
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- Tex. Prop. Code § 53.052
A Texas original contractor files its lien affidavit by the 15th day of the fourth month after the month work was completed, terminated or abandoned — the 15th day of the third month on residential projects.
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- Fla. Stat. § 713.06(2)(a)
A Florida lienor not in privity with the owner must serve the Notice to Owner before commencing, or not later than 45 days after commencing, to furnish labor, services or materials.
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- Fla. Stat. § 713.08(5)
A Florida claim of lien may be recorded at any time during the work but not later than 90 days after the final furnishing of labor, services or materials by the lienor.
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- 40 U.S.C. § 3133(b)(1)
On a federal job, a claimant that has not been paid in full within 90 days after its last labor or material may sue on the payment bond.
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- 40 U.S.C. § 3133(b)(4)
A Miller Act bond action must be brought no later than one year after the day the claimant last performed labor or supplied material.
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