Understand how the Mechanics’ Lien Deadline Depends on the Validity of the Notice of Completion
Working within deadlines is absolutely crucial to preserving mechanics lien rights under California law. The deadlines differ, depending on whether you are a ”direct” contractor, also known as “original” or “prime” contractor (one who contracts directly with the property owner) or a subcontractor or material supplier. The primary differences are that except as to serving the construction lender if any, the direct contractor is not required to serve a “Preliminary Notice” (Civil Code section 8200-8216), whereas the subcontractor and material supplier are required to do so. Another difference is that a direct contractor has a longer period of time in which to record a mechanics lien after a valid “notice of completion” or a “notice of cessation” has been recorded (Civil Code sections 8180-8190), (60 days for original contractors as compared to 30 days for subcontractors and suppliers – See Civil Code sections 8412 and 8414).