Payment remedies under California law
California's Civil Code (sections 8000 and following) gives those who improve private property several payment remedies, each with strict notice and timing requirements:
- Preliminary notice. Many claimants must serve a 20-day preliminary notice to preserve lien and stop payment notice rights.
- Mechanics' lien. Generally must be recorded within 90 days after completion of the work of improvement, or within 30 or 60 days after a notice of completion or cessation is recorded, depending on the claimant.
- Lien foreclosure. An action to enforce the lien generally must be filed within 90 days after the lien is recorded, or the lien becomes unenforceable.
- Stop payment notice. Directs the owner or construction lender to withhold funds to cover the claim.
- Payment bond claims. On bonded projects, a claim against the surety may be available.
For property owners
Owners facing a lien can challenge an invalid or overstated lien, seek release of an expired lien, record a release bond, or resolve the underlying payment dispute. Owners may also have claims for defective or incomplete work.
Contract disputes on projects
Many construction disputes involve change orders, delay, scope, back-charges, and termination. The contract often controls notice requirements and whether disputes go to arbitration.
Public works projects follow different rules and deadlines, including government claim requirements.
General information about California law, not legal advice for your situation. Deadlines and outcomes depend on the facts and the documents. Past results do not guarantee or predict a similar outcome.