What are the exact steps a contractor must take to file a valid mechanic's lien on a property in California?

To file a valid mechanic's lien in California, you must strictly follow a series of legal steps within tight deadlines. Missing a step or deadline can invalidate your lien rights completely. Here are the exact steps to file a valid mechanic's lien: Step 1: Serve a Preliminary Notice You must send a "Preliminary Notice" to the property owner, direct contractor, and construction lender. This must be done within 20 days of the first day you provide labor, services, or materials to the project. Send this notice by certified mail with return receipt requested and keep proof of service. Direct contractors (those hired by the owner) are generally exempt from this step. Step 2: Determine the Recording Deadline Your deadline to record the lien depends on whether the owner records a "Notice of Completion." If a Notice of Completion is recorded, subcontractors have 30 days to record their lien, and direct contractors have 60 days. If no such notice is recorded, all claimants have 90 days after the "completion" of the entire project to record their lien. Step 3: Prepare the Claim of Mechanic's Lien Document You must prepare a document titled "Claim of Mechanic's Lien." Per California Civil Code Section 8416, it must contain: your name and address, the amount you are owed, the services or materials you provided, the name of the person who hired you, a description of the job site sufficient for identification, and a signed proof of service statement. Step 4: Record the Claim of Lien Take the completed and signed Claim of Lien to the County Recorder's Office in the county where the property is located. You will need to pay a recording fee. The clerk will record the document, making it part of the public record. Step 5: File a Lawsuit to Foreclose Recording the lien is not the final step. You must file a lawsuit to foreclose on the lien within 90 days of the date you recorded it. Failure to file this lawsuit on time will extinguish your lien, making it unenforceable. Important Considerations: Deadlines are strictly enforced, and even a one-day delay can void your rights. Ensure the property description and other information on your claim form are completely accurate. Note: Filing an invalid or fraudulent lien can expose you to significant legal penalties, including paying the property owner's attorney's fees. The foreclosure lawsuit is a formal legal action that requires navigating court procedures. This is general information and does not constitute legal advice. For complex situations or to ensure compliance with all legal requirements, consult with a qualified California attorney.