The construction industry is full of payment risks. Whether you’re a contractor, subcontractor, or supplier, you may encounter slow pay, short pay, or no pay situations. Fortunately, mechanics liens provide a powerful legal tool to help ensure that you receive payment for the work or materials you’ve provided. However, to fully benefit from lien protections, it’s critical to understand that a mechanics lien isn’t enforceable forever. Each state sets specific expiration deadlines that determine how long your lien remains legally enforceable, and missing these deadlines can result in losing your lien rights entirely.
Failing to enforce your lien before it expires means you lose your security interest in the property, and you might have to release the lien even if you haven’t been paid. To help you stay compliant, this guide will break down how mechanics lien expiration works, key state-specific timelines, and what you can do to protect your payment rights.
Understanding Mechanics Liens and Expiration Deadlines
Before we dive into expiration, let’s review the basics of mechanics liens.
A mechanics lien is a legal claim against a property that helps contractors, subcontractors, and suppliers secure payment for work performed or materials supplied. A Mechanics Lien provides the Contractor / Supplier with the ability to foreclose on a property if they aren’t paid, and for the court to sell the property to pay the contractor out of the proceeds.
But a mechanics lien is not a permanently enforceable claim. Every state sets strict deadlines on how long the lien remains legally enforceable. A lien claimant has to ‘perfect’ the lien and file suit against the property owner. If you fail to take legal action to enforce the lien before this deadline, the lien automatically expires – and you will not be able to present your case in court and win a favorable judgement. The lien will still be attached to the property because it isn’t automatically removed by the county but the enforceability of the lien will be eliminated. With the lien still recorded, but unenforceable in court, the property owner will still face challenges trying to sell or refinance the property.
General Mechanics Lien Expiration Deadlines
Every state has its own rules, and even within a state, the deadlines can vary depending on factors like the role of the lien claimant, the type of project, or whether a Notice of Completion or Cessation was filed.
Here’s a general overview of common deadlines:
- California
- Direct Contractors: Must file lien within 90 days after completion of the project (or 60 days after a Notice of Completion or Cessation is recorded).
- Subcontractors and Suppliers: Must file lien within 90 days after completion (or 30 days after a Notice of Completion or Cessation is recorded).
- Enforcement requires filing a lawsuit in court prior to the 90th day after recording.
- Arizona
- Direct Contractors: Must file lien within 120 days after the completion of the project (60 days after a Notice of Completion is recorded.
- Subcontractors: Must file lien within 120 days after the completion of the project (60 days after a Notice of Completion is recorded)
- Enforcement requires filing a lawsuit in court within 6 months after the filing of the mechanics lien.
- Nevada
- Record lien within 90 days of completion of entire work of improvement or within 40 days from recordation of Notice of Completion or Cessation.
- Enforcement requires filing a lawsuit in court within 6 months after the filing of the mechanics lien.
- Washington
- Record Lien within 90 days after last labor is performed or materials furnished. If owner records notice to lien claimant record within 60 days from date of recording of such notice by owner.
- Enforcement requires filing a lawsuit in court within 8 months after the filing of the mechanics lien.
- Other States
- Vary widely, with deadlines ranging from 90 days to 1 year after recording.
Important: These are general guidelines. Always check your state’s specific laws or consult with CNS for assistance in determining the correct deadlines.
Why Mechanics Liens Expire
Mechanics liens are meant to be a temporary solution to secure payment. They are not intended to cloud a property’s title indefinitely. That’s why states set firm deadlines to balance the rights of the lien claimant with the rights of property owners and lenders.
When a lien expires:
- You lose the legal right to enforce the lien through foreclosure.
- The lien remains on the record unless formally released, but it’s legally unenforceable.
- The property owner may demand that you release the lien voluntarily or sue to have it removed.
Notices of Completion or Cessation: How They Shorten Deadlines
In some states (like California), property owners can record a Notice of Completion or Notice of Cessation to formally declare that work has stopped or the project is complete. This notice is important because it can significantly shorten the deadline to enforce your lien.
For example:
- In California:
- General Contractors: 90 days after project completion, but only 60 days after a Notice of Completion or Cessation is recorded.
- Subcontractors and Suppliers: 90 days after project completion, but only 30 days after a Notice of Completion or Cessation is recorded.
If you miss these shortened deadlines, your lien rights expire—even if you haven’t been paid. Hower, even if a lien “expires” it can still result in payment from the owner.
Tip: Always verify whether a Notice of Completion or Cessation has been filed on your project. CNS can help you search county records to determine the exact deadline you need to follow.
What Happens If Your Mechanics Lien Expires?
Once your lien expires, you lose the ability to enforce it in court. This means:
- You cannot foreclose on the property to collect your debt.
- The property owner can demand that you release the lien voluntarily. If you refuse, they may file a lawsuit to have the lien removed.
- Even if the lien remains on the county records, you cannot use the property as collateral for the debt that is owed. You will have to file a lawsuit against the GC or Property Owner to collect which is time consuming, expensive, and no guarantee of the financial stability of the debtor.
In most states, a property owner can also sue you for damages if you refuse to release an expired lien – especially if it delays their property sale or refinance.
Enforcing a Mechanics Lien Before It Expires
To enforce a lien, you must file a foreclosure lawsuit before the lien’s expiration date. Filing a lawsuit involves taking the property owner (and sometimes others) to court to force the sale of the property or obtain a judgment that secures your payment. This is the only way to turn your lien from a “security interest” into actual payment.
Because enforcement is a legal action, it’s typically handled by an attorney specializing in construction lien law. CNS can refer you to a trusted attorney who can guide you through the process.
Common Misconceptions About Mechanics Lien Expiration
Many contractors and suppliers misunderstand lien expiration deadlines. Let’s clear up a few myths:
- “Once I file a lien, I can just wait until the owner pays me.”
False. A lien must be enforced before it expires—waiting too long makes it unenforceable. - “I can refile the lien after it expires.”
Partially true. If you’re still within the 90 days from completion window, you can refile, if not, then you cannot refile. - “My lien is valid as long as I don’t release it.”
Incorrect. Expiration is automatic under state law—it doesn’t matter if the lien is still recorded.
How CNS Can Help You Navigate Lien Expiration Deadlines
At CNS, we understand that keeping track of mechanics lien expiration dates is complex—especially when each state has its own rules. Our services help you:
- Monitor Notices of Completion: We can search county records to see if an owner has filed a Notice of Completion or Cessation that could shorten your enforcement deadline.
- Refer You to Attorneys: We have a network of construction lien law attorneys who can help enforce your lien before it expires.
- Assist with Releases: If your lien has expired, or you have been paid, CNS can help you prepare a release to remove the lien from the property.
Final Tips for Staying Compliant
Here’s how you can protect your lien rights from expiring:
- Know Your State’s Deadlines: Research or ask CNS to clarify the expiration period in your state.
- Keep Project Documentation: Record your start date, completion date, any Notices of Completion or Cessation, and the date you recorded your lien. Sending a preliminary notice ensures that you will receive a copy of the notice of completion.
- Act Early: Don’t wait until the last minute. If payment issues persist, start the enforcement process well before the expiration deadline.
- Stay Proactive: Keep communication open with property owners and general contractors to avoid surprises and identify potential Notices of Completion filings.
Conclusion
Mechanics liens are one of the most effective tools for ensuring payment in the construction industry. But they come with strict expiration deadlines. To protect your right to payment:
- Understand the specific deadlines in your state.
- Monitor project events like Notices of Completion or Cessation that may shorten your deadline.
- Take legal action before your lien expires.
At CNS, we’re here to help you navigate these complex rules, ensure your lien is filed and enforced properly, and refer you to trusted attorneys when needed.
Contact CNS today at 800-366-5660 to get started with your next preliminary notice. We’ll take care of the research, mailing, and compliance—so you can focus on getting the job done right.
Disclaimer: CNS is not a legal service provider. For legal advice, please consult an attorney.
