| Step |
Procedure |
Statute |
Preliminary notice (Private jobs and California public works) |
Give notice to owner, general contractor, and construction lender not later than 20 days after claimant's first labor or materials. (On California public work, notice is given to contractor and public agency). Suggest: Notice via certified mail, return receipt requested. |
CC 3097, 3097.1, 3114
CC 3098, 3183 |
Lien Claim
(by claimant other than general contractor) |
File with County Recorder within 30 days after date of recordation of notice of completion or cessation/or within 90 days after completion (or 60 days cessation) whichever period expires first. |
CC 3116 |
Lien Claim
(by general contractor) |
File with County Recorder within 60 days after date of recordation of notice of completion or cessation/or within 90 days after completion (or 60 days cessation)
whichever period expires first. |
CC 3115 |
Notice to Surety on Payment Bond |
Certified mail to surety and bond principal within fifteen (15) days after a notice of completion is recorded, or seventy-five (75) days after completion, if no notice of completion is recorded. |
CC 3227, 3242, 3252, 3253 |
Federal public works preliminary notice |
Registered mail to contractor within 90 days from last labor or materials. |
Miller Act
40 U.S.C. 270b |
Bonded Stop Notice (private work) |
Certified mail to construction lender prior to expiration of lien recording period. |
CC 3083, 3159, 3103 |
Stop notice on California public work |
Certified mail to public agency within 30 days after recordation of notice of completion (or acceptance or cessation). If no notice of completion or cessation, serve within 90 days after completion or cessation. |
CC 3181, 3184, 3103 |
* Complaint to foreclose lien |
File in proper court within 90 days after date of recordation of lien claim.
* Note:
Before filing the Complaint, compare date of recordation of construction loan deed of trust with date of actual commencement of work of improvement (or first delivery of materials to job site). If commencement was prior to recordation of lender's trust deed (unlikely, but it happens) name lender as a defendant and charge lender's interest as subordinate. See CC 3134. |
CC 3144 |
Notice of Pendency of Action |
File with County Recorder immediately following filing of complaint to foreclose |
CC 3146 |
Complaint to enforce bonded stop notice (private work) |
File in proper court after 10 days from service of stop notice and within 90 days from expiration of lien recording period. (May be combined with action to foreclose lien) |
CC 3172 |
Complaint on stop notice
(public work) |
File in proper court after 10 days from service of stop notice and within 90 days from expiration of period within which stop notices must be filed as per CC 3184. (May be combined with action on payment bond, infra.) |
CC 3210 |
Notice of Proceedings (on Stop notice, private or public work) |
Serve within 5 days after filing action, on same persons and in same manner as provided for the stop notice. |
CC 3172, 3211 |
Complaint on Payment Bond
(California public work) |
File in proper court within 6 months after the period within which stop notices must be filed as per CC 3184. (May be combined with action on stop notice, supra) |
CC 3249 |
Complaint on Payment Bond
(federal work) |
File in proper court after 90 days from claimant's last labor or materials and within 1 year therefrom. (Capehart—within 1 year from prime contractor's last work.) |
Miller Act
40 U.S.C 270b
Capehart Act
42 U.S.C 1594 |
Complaint on Contractor's License Bond or Deposit |
File in proper court within 2 years after expiration of license period. |
B & P 7071.11 |
Action on Lien Release Bond |
File action (or supplement complaint to foreclose lien if action already filed) within 6 months of recordation of the bond |
CC 3143, 3144.5 |
