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Question 1
What is a mechanics lien?
Answer: A mechanics lien is a legal claim against real property by a contractor, subcontractor, or supplier who provided labor or materials but has not been paid. It encumbers the property title until the debt is resolved.
Question 2
Who has the right to file a mechanics lien on a private construction project?
Answer: Any party who furnishes labor, materials, or equipment to a construction project — including general contractors, subcontractors, material suppliers, and equipment lessors — has the right to file a mechanics lien if unpaid.
Question 3
What is the primary purpose of a Preliminary Notice (also called a 20-day notice) on a private project?
Answer: A Preliminary Notice preserves a claimant's right to later file a mechanics lien or stop notice. It must typically be served within 20 days of first furnishing labor or materials, and failure to serve it can waive lien rights.
Question 4
After a notice of completion is recorded by the owner, how many days does a general contractor typically have to file a mechanics lien (in most states)?
Answer: In most states, including California, the general contractor has 60 days after the owner records a Notice of Completion to file a mechanics lien.
Question 5
After a notice of completion is recorded, how many days do subcontractors and suppliers typically have to file a mechanics lien?
Answer: Subcontractors and suppliers typically have 30 days after the owner records a Notice of Completion to file a mechanics lien, which is shorter than the 60-day window given to general contractors.