Mechanic’s liens have specific timelines and those aren’t necessarily the same across the entire country. A mechanics lien California timeline and a Texas mechanic lien timeline can be different for example—depending on current state law regarding this legal tool. We serve clients in both California and Texas, so let’s go over some frequently asked questions about the timeline for mechanic’s liens in both of these states.
What are key deadlines for mechanics lien California timeline?
There are a few deadlines for mechanic’s liens under California law. A preliminary notice, when required, has to be send within 20 days of the contractor’s initial service or materials furnishing. Then, the claim of lien must be recorded with the first 90 days following the completion of the project or stopping work on the project. The next 90-day window relates to the foreclosure action. If you want to foreclose, you only have 90 days after recording the lien to file the foreclosure lawsuit in California.
If the 90 days passed after the work was completed before the Notice of Completion was filed, does that “restart” the clock to allow me to file a mechanic’s lien?
A notice of completion is not required in California — it’s a voluntary document. It’s used to shorten the timeline for the contractors and suppliers to file liens. It reduces the time allotted to record the lien. Typically, a Notice of Completion is only valid if recorded within fifteen days of the actual completion of the work in California. As such, a late-filed notice would not extend or re-start the mechanic’s lien deadline.
That said, owners typically record a Notice of Completion to shorten the mechanic’s lien deadline. If there was a dispute as to when work was actually complete, and the owner is declaring it was only completed recently, then they will be hard-pressed to declare that a mechanic’s lien is untimely. I suggest you record your lien and use the owner’s stated completion date — unless doing so would prejudice you in some other way, such as affecting an insurance/bond deadline, giving a tax consequence.
Texas Mechanics Lien Timeline
Is the timeline for liens in Texas more complicated than in other states?
Some people find Texas’ mechanic’s lien timeline to be especially complex compared to other state requirements. Much of this has to do with the complexity of the affidavit or completion (also known as the “notice of completion”), and many people find that they need a construction litigation attorney to help them through the entire lien process.
How long does an owner have to give a copy of an affidavit of completion informing a claimant of their timeline to file a lien in Texas?
An owner can file an affidavit of completion and send a copy to the main contractor and any claimant by the third day following filing the affidavit of completion. This explains that the claimants aren’t allowed to have a lien on any retained funds Plus, they have to send to anyone else involved with the project who requests a copy (in writing) no later than the date the actual affidavit is filed or the 10th day after receiving the request — whichever is later. If they wait and file after the 10th day following completion, then the date of completion becomes the date the affidavit is filed.
Once someone has paid their debt, how long do I have to provide a receipt proving the release of the lien?
Once the debt is satisfied—either by voluntary payment or collection, the person who provided the service or materials has 10 days after getting a written request for the receipt to provide them with the release of lien.
How long is a mechanic’s lien enforceable in Texas?
The mechanic’s lien is usually only enforceable for the later of these timelines:
- Up to one year from the final date that the claimant was allowed to file a lien
- Up to one year from when the project was completed
How long do I have to file an affidavit claiming lien in Texas?
This varies depending on whether the job is residential or not.
Commercial mechanic’s lien timelines in Texas
A general contractor has to file a lien within four months of completing, abandoning or terminating the contract. Any subcontractor, whether formerly considered a second-tier contractor or not, has until the 15th day of the second month after service is rendered, material is supplied, work is terminated, or the project is abandoned to send an invoice for commercial projects. They have until the 15th day of the third month after to send a notice. They have until the 15th day of the fourth month to file a lien affidavit.
Residential mechanic’s lien timelines in Texas
Original contractors have to file a lien affidavit within three months of completing, abandoning or terminating the contract. Subcontractors only have until the 15th day of the second month to file a notice and the 15th day of the third month to file the lien affidavit.
Do you need help with a mechanic’s lien in California or Texas?
We are experts in contract law in both California and Texas. If you need help establishing, defending or enforcing a lien, contact our firm today.
