The homeowner won't pay. Here's your deadline in California.
By Tara Lilley, Founder of PayBild ·
Hector is a licensed contractor. He finished a $40,000 home addition in March. The homeowners paid everything but the last $12,000. Then they stopped returning his calls.
Hector wasn't worried. "I've got 90 days to file a lien," he told himself. He gave them time. He sent a few more invoices.
On day 75, he went to file. Too late.
The homeowners had recorded a Notice of Completion on day 10. That cut Hector's deadline to 60 days from day 10. His deadline was day 70. He missed it by five days. The lien right was gone for good.
The real deadline
Under California Civil Code section 8412, a direct contractor must record a claim of lien before the earlier of:
- 90 days after the work is completed, or
- 60 days after the owner records a Notice of Completion or Notice of Cessation
Whichever comes first is your real deadline.
Why homeowners record that notice
A recorded Notice of Completion shortens everyone's lien deadline. The contractor's. Every subcontractor's. Every supplier's.
It's a legal tool, not a hostile one. But it changes your countdown the moment it's filed. Check the county recorder, not just your mailbox.
What a lien does
A lien doesn't collect the money by itself. It ties your claim to the property. So the debt has to be settled before the home can sell or refinance clean. That leverage only exists if you file inside the window.
What this doesn't fix
Filing late because you didn't see the notice is not a mistake the law forgives. If the notice was properly recorded and mailed, the deadline runs anyway.
Quick take: count from the right day
- The job ends on day 0.
- The owner records a Notice of Completion on day 10.
- Your deadline is now day 70, not day 90.
- Mark it the day the notice is recorded.
Where PayBild fits
None of this replaces legal advice on an active dispute. If you're this far into a nonpayment fight, talk to a construction attorney.
What PayBild is built to do is keep you from getting here at all:
- The homeowner's money is committed and held before work starts.
- Each milestone is released once it's approved.
- There's no invoice sitting in someone's inbox for 90 days.
See how milestone payments work
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Sources: California Civil Code section 8412. Hector is a made-up example, based on real situations. General information, not legal advice. An active lien situation belongs with a construction attorney.