Last updated on July 21st, 2025 at 05:28 pm
Sometimes, getting compensated for work done on a person’s property can be a challenge. That’s when a mechanics lien becomes handy. It acts as a reminder on the property that you’ve worked there and haven’t received your payment.
In California, Texas, and Colorado, if you’re involved in these types of work – like contractors, subcontractors, or material suppliers – you can use this reminder. Before starting, ensure that your work is eligible under state laws.
You also need to inform the property owner in advance with a specialized notice within 20 days of commencement of work.
A Guide on how to Place a Mechanics Lien
A Complete Guide to Securing Payment for Construction Work
What is a Mechanics Lien?
A mechanics lien is a legal claim against a property that ensures contractors, subcontractors, and material suppliers get paid for work performed. It remains on the property title until payment is received, making it difficult to sell or refinance.
Who Can File a Mechanics Lien?
Eligible Parties
- General contractors and subcontractors
- Material suppliers
- Equipment rental companies
- Laborers and skilled workers
- Design professionals (architects, engineers)
⚠️ Important Requirement
Most states require contractors to be properly licensed to file a mechanics lien. Unlicensed contractors may forfeit their lien rights.
State-Specific Requirements
California
Texas
Colorado
Step-by-Step Process
Confirm Eligibility
Verify you meet state requirements for filing a mechanics lien, including licensing and timing requirements.
Send Preliminary Notice
Send required preliminary notices within state-specified timeframes. This is typically 20-45 days from starting work.
- Include property owner’s name and address
- Describe work or materials provided
- Send via certified mail
Prepare Lien Document
Gather all required information and complete the mechanics lien form for your state.
- Your full name and contact information
- Property owner’s details
- Detailed work description
- Total amount owed
- Property address and legal description
File the Lien
File at the county recorder’s office where the property is located. Filing fees range from $70-$100.
- File in person, by mail, or electronically
- Pay required filing fee
- Notarization typically not required
Serve the Property Owner
Notify the property owner about the filed lien via certified mail and complete proof of service.
Enforce if Necessary
If payment isn’t received, you may need to take legal action within 90 days to 1 year (varies by state).
California-Specific Details
Preliminary Notice Requirement
California requires a preliminary notice within 20 days of first furnishing labor or materials. This notice must be sent to the property owner, general contractor, and construction lender.
California Timeline
Preliminary Notice
Within 20 days of first furnishing labor or materials
Filing Deadline
Within 90 days of completion or cessation of work
Enforcement
Must commence foreclosure action within 90 days of recording the lien
⚠️ California Special Requirements
California has strict licensing requirements – unlicensed contractors cannot file mechanics liens. Also, preliminary notices must include specific language and formatting requirements.
Colorado-Specific Details
Notice of Intent Requirement
Colorado requires a “Notice of Intent to File Lien” to be sent at least 10 days before filing the actual lien. This gives the property owner a final opportunity to resolve payment issues.
Colorado Timeline
Notice of Intent
At least 10 days before filing the lien
Filing Deadline
Within 4 months of last work performed or materials supplied
Enforcement
Must file lawsuit to foreclose within 6 months of recording the lien
⚠️ Colorado Special Requirements
Colorado requires contractors to be licensed and bonded. The lien must include a legal description of the property and be verified under oath. Public improvement projects have different rules.
Texas-Specific Details
Monthly Notice Requirement
Texas requires parties to send notices for each and every month that they provided labor or materials (but haven’t been paid for them). This is different from most states that require only one preliminary notice.
Texas Timeline
Monthly Notices
For residential: 15th day of 2nd month after work/materials provided
Filing Deadline
Commercial: 15th day of 4th month after work completed
Residential: 15th day of 3rd month after work completed
Enforcement
Must sue to foreclose within 1 year of last filing date
Key Deadlines to Remember
⏰ Critical Timing
Missing any deadline can invalidate your lien rights. Always consult your state’s specific requirements and consider legal counsel for complex situations.
Before You Start
- ✓ Verify licensing requirements
- ✓ Understand state-specific rules
- ✓ Prepare notice systems
During the Project
- ✓ Send preliminary notices
- ✓ Document all work performed
- ✓ Track payment schedules
After Non-Payment
- ✓ File lien within deadline
- ✓ Serve property owner
- ✓ Prepare for enforcement
Releasing the Lien
Once payment is received, you must release the lien within 10-30 days (varies by state):
- ✓ Complete lien release form
- ✓ Sign before notary public
- ✓ File with county recorder
- ✓ Serve copy to property owner
- ✓ Keep records of release
More on Releasing the Mechanics Lien
So, you got your payment and now it’s time to let go of that lien on the property. It’s kind of like removing a big sticker from your new phone – satisfying and necessary. You’ll need to file a release form at the same place where you filed the lien.
Just make sure everything is correct on that form, or you might have to start some parts over.
When and How to Release
Getting rid of a mechanics lien from a property’s record is a relief for both the owner and the lienholder. Once you receive full payment, the next step is to clear the property title through a lien release. Here is how and when to do it:
- Check state deadlines: Every state has its own rules about how soon you must file a lien release after getting paid. This usually falls between 10 to 30 days.
- Fill out the release form: Grab a lien waiver or release form that fits your state’s requirements. You can often find these online or ask an attorney for help.
- Include all important details: Your form should have information like your name, the property owner‘s name, and details about the initial mechanics lien.
- Sign in front of a notary: For all formal purposes, one shall sign the document before a notary.
- File with the county recorder: File or transmit the notarized release to the same office of county recorder where the original lien was filed.
- Give the property owner a copy: It is good practice to give the property owner an official copy of the release as notice of the lien termination.
- Record keeping: Keep copies of the filled-out release document, any communications with the owner of the land, and evidence of filing with the county land records office.
- Removing a lien properly will avert the agony of title searches or during the property undergoing refinances or property sales in the future.
Bottom Line
So, you want to place a mechanics lien on a property. First, check if the law says you can. Then, send out that early note saying you plan to do it. Get your papers right—include all needed details and grab the correct form.
File those papers at the county office, by hand, mail, or online. Don’t forget to let the owner know—it’s a must-do step! If things don’t move forward, look into how to push for what you’re owed or maybe even release the lien if payment comes through.
For property owners who have a lien and want to sell their house fast in San Antonio, cash buyers can help you solve that problem too.
