Mechanics Lien FAQ

No. Mechanics liens are statutory documents — every state allows you to prepare and file them yourself. You do not need an attorney to record a lien. However, if you need to enforce a lien through foreclosure, a lawsuit is involved and an attorney is advisable at that stage. Services like Levelset can handle the paperwork for a flat fee, giving you a middle path between DIY and full attorney representation.

A preliminary notice (also called a pre-lien notice, 20-day notice, or Notice to Owner) is a document sent early in a project that alerts the property owner that you are on the job and may have lien rights. About a dozen states require subcontractors, suppliers, and equipment lessors to send this notice within 20–60 days of first furnishing labor or materials. If it is required in your state and you miss the deadline, you permanently lose your lien rights — even if you file the lien itself on time. General contractors who have a direct contract with the owner generally do not need to send a preliminary notice.

In most states, your lien filing deadline is measured from your last day of furnishing labor or materials to the project. This is not the invoice date, not the payment due date, and not the project completion date — it is the date you last set foot on the job or made a delivery. In some states the deadline runs from the date a Notice of Completion was recorded by the owner (California), or from the date the project was substantially completed. Check your state's specific rule.

Your lien rights are permanently extinguished. There is no extension, no late filing, and no court can restore them. Once the deadline passes, the only remedies remaining are a lawsuit for breach of contract or unjust enrichment — which are much harder to win and lack the in rem power of a lien. This is why tracking the deadline from your last day of work is critical.

Yes. If a property owner hired you directly (you are the general contractor), you can file a mechanics lien on their property. In fact, GCs filing against an owner who hired them directly face the fewest procedural hurdles — no preliminary notice is usually required, and the deadlines are among the most generous in most states. Note: some states have special notice requirements for residential work (e.g., California's Preliminary Notice is waived for the direct-hire GC, but a Notice of Completion can shorten the deadline).

Required contents vary by state but generally include: (1) your name and address as claimant, (2) the property owner's name, (3) a description of the work or materials furnished, (4) the amount of the unpaid claim, (5) a description of the property (legal description preferred; street address may suffice), and (6) the dates of first and last furnishing. Many states also require the name of the person who hired you (if different from the owner) and a statement that the amount is currently due. Using your state's statutory form avoids technical defects.

Most states require you to mail or personally deliver a copy of the recorded lien to the property owner within a set number of days of recording — commonly 2–30 days. Certified mail with return receipt requested is the safest method and creates a paper trail. Some states also require service on the general contractor if you are a subcontractor. Keep the proof of mailing or delivery.

A mechanic's lien remains on title until it is either released (satisfied) or expires. The lien expires if you do not file a foreclosure lawsuit within the enforcement deadline — which ranges from 3 months (California) to 10 years (Oregon). Most states require suit within 1–2 years. Once you are paid, you must record a lien release to clear the title. Failing to release a paid lien can expose you to liability in some states.

Foreclosing a mechanic's lien means filing a lawsuit asking the court to order the sale of the property to satisfy your debt. This is a last resort — in practice, most liens resolve through negotiation before foreclosure because property owners and their lenders are highly motivated to clear the title. The threat of foreclosure is the core of the lien's leverage. You must file the foreclosure suit before the enforcement deadline or the lien expires.

Yes. Your lien rights cover the value of work you actually performed, regardless of whether you finished the job. The deadline runs from your last day of furnishing labor or materials — which may be the day you walked off the job. As long as the unpaid amount is accurate and the deadline has not passed, you can file.

You cannot file a mechanic's lien against publicly owned property — government entities are immune. Your remedy on public projects is a payment bond claim. Federal public works projects are covered by the Miller Act, which requires prime contractors to post a payment bond. State and local projects are covered by state "Little Miller Acts," which vary in scope. Bond claims have their own notice and deadline requirements — often shorter than lien deadlines.

When a property owner files for bankruptcy, an automatic stay goes into effect that stops most collection actions — including filing a new lien or enforcing an existing one without court permission. If you already have a recorded lien before the bankruptcy filing, you may have a secured claim that survives the bankruptcy (subject to the bankruptcy court's treatment of secured creditors). If you have not yet filed a lien when bankruptcy is filed, you may need bankruptcy court permission to do so. Consult a bankruptcy attorney immediately if your project owner files.