What Is a Mechanics Lien? How It Works, Deadlines and How to File

What is a mechanics lien? It’s a legal claim against a property, filed by a contractor, subcontractor, supplier or worker who improved it and wasn’t paid. It ties the debt to the real estate, so the owner can’t easily sell or refinance until it’s settled, and if it isn’t, the claimant can ask a court to foreclose. Every state has its own mechanics lien law, with notices and deadlines that decide whether a lien holds up.

This is general information, not legal advice. Lien laws are technical and they change. Read your state’s statute and talk to a local construction attorney before you file a lien or respond to one.

What is a mechanics lien?

Contractors usually get paid after the work is done, and the work becomes part of someone else’s property. A mechanics lien gives the people who improved a property a security interest in it, a little like a mortgage gives a lender. A few things set it apart from an unpaid bill:

• It attaches to the property. It’s recorded with the county and shows up on the title.
• It can reach owners who never hired you. A sub or supplier can often lien a property even though its contract was with the GC.
• The owner can end up paying twice. If the owner pays the GC and the GC doesn’t pay a sub, the sub may still lien the home. Florida requires residential contracts over $2,500 to warn owners of this (Fla. Stat. § 713.015).
• It expires. In each state below, a lien lapses if the claimant doesn’t sue in time.

Some states call it a construction lien or a materialman’s lien. It’s the same basic tool.

Who can file a mechanics lien?

California’s statute names direct contractors, subcontractors, material suppliers, equipment lessors, laborers and design professionals, and says the list isn’t complete (Civil Code § 8400). Being on the list isn’t enough, though. You generally also need to:

• Hold any required license. In Florida, an unlicensed contractor has no lien or bond claim (Fla. Stat. § 489.128). In California, an unlicensed contractor can’t foreclose a lien on work valued over $500, according to the Contractors State License Board (CSLB).
• Give required notices on time. More below.
• Meet special property rules. In Texas, a lien on a homestead needs a written contract signed before work starts, by both spouses if the owner is married, and filed with the county clerk (Tex. Prop. Code § 53.254).

Public projects use bonds

On federal jobs, the Miller Act requires payment bonds on construction contracts over $150,000 (FAR 28.102-1), and unpaid subs and suppliers claim against the bond. A sub-tier sub or supplier must give the prime written notice within 90 days of its last work and sue within one year (40 U.S.C. § 3133). On California public works, unpaid subs and suppliers use a stop payment notice or a payment bond claim instead (Civil Code § 9100).

How does a mechanics lien work?

1. The contract. Some states require lien notices in the owner’s contract, like Florida’s residential disclosure.
2. Preliminary notice. Subs and suppliers often must notify the owner early in the job that they may have lien rights. Miss it, and you can lose the lien.
3. Billing. You invoice under your contract. This is the best place to settle a problem, with a call, a corrected invoice or a signed change order.
4. Recording. Still unpaid, you record a claim of lien with the county by the deadline. California and Florida also require serving the owner.
5. Enforcing or releasing. The lien gets paid and released, bonded off, or enforced by a lawsuit to foreclose. Miss the suit deadline and it lapses.

Stages 2, 4 and 5 are where liens fail. The deadlines are short, and each state counts them differently.

Mechanics lien deadlines: four state examples

From each state’s statutes and licensing board, checked October 17, 2026. They’re a sample, not your state’s full rules. Our state license guides cover each state’s contractor rules.

California

• Preliminary notice: subs and suppliers send it within 20 days of starting work or delivering materials; a late notice covers only work from 20 days before it. Direct contractors and laborers are exempt (CSLB).
• Recording: a direct contractor records before the earlier of 90 days after completion or 60 days after the owner records a notice of completion or cessation (§ 8412). Other claimants get 90 or 30 days (§ 8414).
• Service: the lien must be served on the owner with a Notice of Mechanics Lien, or it’s unenforceable (CSLB).
• Enforcement: sue within 90 days after recording, or the lien expires (§ 8460).

Florida

• Notice to owner: subs, sub-subs and suppliers without a direct contract (laborers excepted) serve it within 45 days after they start furnishing (Fla. Stat. § 713.06).
• Recording: within 90 days after your final furnishing. The claim must be sworn and served on the owner before recording or within 15 days after (§ 713.08).
• Enforcement: the lien lasts 1 year after recording unless you sue (§ 713.22). A contractor must give the owner a final payment affidavit at least 5 days before suing (§ 713.06).

Texas

Texas counts from the month the work was done, under rules effective January 1, 2022.

• Notice: subs and suppliers notify the owner and original contractor by the 15th day of the third month after the month of the work, or the second month on residential projects (Tex. Prop. Code § 53.056). March work on a home: notice by May 15.
• Lien affidavit: an original contractor files by the 15th day of the fourth month after the month its work ended, or the third month on residential projects (§ 53.052). A home finished in March: file by June 15.
• Enforcement: sue within one year after the last day to file the affidavit, unless extended by recorded written agreement (§ 53.158).

New York

• Filing: within eight months after the contract is completed or the final work or materials are furnished, or four months on a single-family home (Lien Law § 10).
• Enforcement: the lien lasts one year after filing unless you start a foreclosure action or file an extension. On a single-family home, only a court order can extend it (Lien Law § 17).

A California sub may have 30 days after a notice of completion; a New York claimant on a commercial job may have eight months. Never assume one state’s rule carries over.

How to file a mechanics lien

1. Confirm your lien rights: lienable work, any required license, private property, notices sent on time.
2. Work out your deadline from the right trigger: project completion, your last day of work or a recorded notice of completion. If you’re close, don’t wait.
3. Gather the facts: owner, property description, who hired you, what you supplied, dates and the amount still owed.
4. Prepare the claim with everything your statute requires, on the statutory form where there is one.
5. Record it with the county recorder or clerk.
6. Serve the owner as your state requires.
7. Calendar the suit deadline and talk to an attorney well before it.
8. Release the lien once you’re paid.

Claim only what you’re owed. In Florida, a lien with a willfully exaggerated amount or work not performed is fraudulent: it can’t be enforced, the lienor can owe damages, and willfully filing one is a third-degree felony (Fla. Stat. § 713.31).

What happens when a mechanics lien is filed?

The CSLB warns that even an invalid lien can make it difficult or impossible to sell, refinance or get a line of credit, and it stays on the record until the owner acts. From there:

• It gets paid and released. Often that’s the point: the lien brings everyone back to the table.
• The owner bonds around it, clearing the property while the dispute goes on. In California, the release bond is 125% of the claim (Civil Code § 8424). In Florida, it’s the claim plus three years of interest, plus $5,000 or 25% of the claim, whichever is greater (Fla. Stat. § 713.24).
• The owner contests it. In Florida, an owner’s notice of contest gives the claimant 60 days after service to sue (§ 713.22). Owners can also challenge a lien that missed a notice or deadline.
• The claimant sues to foreclose, and a court decides what’s owed.
• It lapses if no suit is filed in time.

For the contractor, a lien is leverage, not cash. A foreclosure suit takes time and legal fees, so it’s better to keep things from getting that far.

Lien waivers and how to avoid lien disputes

A lien waiver is the other side of the coin: when you’re paid, you give up your lien rights for that payment. Give a conditional waiver when you ask for payment and an unconditional one only after the money clears. The CSLB tells California homeowners they may withhold the next payment until they get unconditional releases for the last one, so GCs should collect waivers from every sub and supplier as they go. Some states require exact statutory wording; our guide to lien waivers lists them, and the free lien waiver template works where no form is required.

To keep disputes from starting:

• Use a clear written contract with scope, price, payment schedule, change process and your state’s lien notices. Start from our contract template with your attorney.
• Put every change in writing before the work. See how to write a change order.
• Send preliminary notices on every job that calls for them, even for clients you trust.
• Bill on schedule. Clear progress invoices show what’s paid and what isn’t.
• Track your start and last-work dates on every job.
• Use joint checks when trust is thin. The CSLB calls them the simplest way to prevent liens.

FAQ

What is a mechanics lien on a house?

It’s a claim recorded against a home by a contractor, sub, supplier or worker who improved it and wasn’t paid. It stays on the title until it’s paid and released, bonded off or expires, and it can make the home hard to sell or refinance.

Is a construction lien the same as a mechanics lien?

Yes, for practical purposes. States use different names, such as construction lien, mechanic’s lien or materialman’s lien, for the same basic right. What matters is your state’s notices and deadlines.

How long does a mechanics lien last?

Only as long as your state allows without a lawsuit: 90 days after recording in California, one year in Florida and New York (New York allows extensions), and one year after the last day to file in Texas.

Can a subcontractor file a lien if the owner already paid the general contractor?

Often, yes, if the sub sent the required notices and met the deadlines. That’s why owners ask for lien waivers, and why Florida makes residential contracts over $2,500 warn owners about it.

Can you file a mechanics lien without a contractor license?

Not one that holds up in Florida or California. Florida gives an unlicensed contractor no lien or bond claim, and in California an unlicensed contractor can’t foreclose a lien on work valued over $500.

How ECHOPS helps

ECHOPS doesn’t file liens or track lien deadlines. It keeps the paper trail that keeps disputes small: contracts signed by e-signature with a signing certificate, change orders billed on an invoice of their own, invoices from each job’s payment plan, invoice links clients can pay online by card, Apple Pay, Google Pay or ACH, and other payments recorded by check, ACH, cash or card last 4. You can send any lien waiver PDF for e-signature with up to six signers. See contractor invoicing.

Sources

1. CSLB, A Homeowner’s Guide to Preventing Mechanics Liens
2. CSLB, What if a Mechanics Lien Is Filed on Your Property?
3. CSLB, How to Prevent a Mechanics Lien
4. Cal. Civil Code § 8400
5. Cal. Civil Code § 8412
6. Cal. Civil Code § 8414
7. Cal. Civil Code § 8424
8. Cal. Civil Code § 8460
9. Cal. Civil Code § 9100
10. Fla. Stat. § 713.015
11. Fla. Stat. § 713.06
12. Fla. Stat. § 713.08
13. Fla. Stat. § 713.22
14. Fla. Stat. § 713.24
15. Fla. Stat. § 713.31
16. Fla. Stat. § 489.128
17. Tex. Prop. Code § 53.052
18. Tex. Prop. Code § 53.056
19. Tex. Prop. Code § 53.158
20. Tex. Prop. Code § 53.254
21. N.Y. Lien Law § 10 (NY Senate)
22. N.Y. Lien Law § 17 (NY Senate)
23. FAR 28.102-1 (Acquisition.gov)
24. 40 U.S.C. § 3133 (Cornell LII)