Construction Lien Deadlines: Preliminary Notice, Lien, and Enforcement
How mechanics-lien rights work and the three deadlines that protect them — the preliminary notice, recording the lien, and the suit to enforce it.
Why lien rights are your leverage
A mechanics lien is a claim against the improved property for the value of the labor and materials you supplied. It is the most powerful collection tool in construction because it attaches to the real estate itself. But lien rights are governed by strict deadlines, and missing one usually means losing the right entirely — no matter how clearly you are owed the money.
The preliminary notice comes first
In many states you must send a preliminary notice (also called a "20-day notice" or "notice to owner") near the start of your work to preserve later lien rights. It tells the owner, and usually the lender and general contractor, that you are furnishing labor or materials and may claim a lien if you go unpaid.
The clock is typically tied to your first day of work or first delivery. California, for example, requires the preliminary notice within 20 days of first furnishing; send it late and you may only protect work done in the 20 days before you finally send it.
Then the lien itself
If you go unpaid, the claim of lien must be recorded within a state-specified window that usually runs from completion of the project, your last day of work, or a recorded notice of completion. That window is commonly somewhere between 60 and 120 days — but it varies widely by state and role.
And finally, the suit to enforce it
Recording a lien does not collect the money by itself. If it is not paid or resolved, you generally must file suit to foreclose the lien within another, often much shorter, deadline — sometimes as little as 90 days from recording. Let that pass and the lien expires.
The sequence, in plain terms
- Starting work → send the preliminary / notice-to-owner within the state deadline.
- Unpaid at the end → record the mechanics lien within the state deadline from completion or last work.
- Still unpaid → file suit to enforce within the (usually shorter) foreclosure deadline.
- Paid → sign a lien waiver: conditional until the check clears, unconditional only after it clears.
Track the dates the day you mobilize
Because every deadline runs from an event — first furnishing, last work, notice of completion — the safest practice is to log those dates as they happen rather than reconstruct them later. Calendar the preliminary-notice deadline on day one.
BuildControl's lien assistant calculates the preliminary-notice and lien deadlines for the project's state, generates the preliminary notice, and reminds you before each date.
This is general information, not legal advice. Mechanics-lien deadlines and requirements vary significantly by state and by your role on the project. Confirm the rules in the state where the project sits, or consult a construction attorney, before relying on any date.