Mechanics’ liens are one of the most powerful tools available to contractors, subcontractors, and suppliers in the construction industry. They protect your right to payment by placing a legal claim on a property when you haven’t been paid for the work or materials you provided. However, lien rights are not indefinite. Every state has strict deadlines determining how long you have to file and enforce a mechanics lien.
Missing a deadline can mean losing your legal right to foreclose on a lien, even if you’ve done the work and haven’t been paid.
In this article, we’ll explain the time limits that apply to mechanics liens so you can stay compliant and protect your right to payment.
Understanding Mechanics Lien Deadlines
To benefit from a mechanics lien, there are two critical deadlines you need to be aware of:
- The deadline to file your lien.
- The deadline to enforce your lien (file a lawsuit).
Both vary by state and can depend on your role in the project (general contractor vs. subcontractor or supplier) and whether a Notice of Completion or Cessation has been recorded.
How Long Do You Have to File a Mechanics Lien?
The deadline to file your lien usually begins after you complete the project work. However, the exact timeframe varies by state and can be shortened if a Notice of Completion is recorded.
Here’s a breakdown of some common state timelines:
California
- General Contractors:
File within 90 days of project completion, or within 60 days of a recorded Notice of Completion or Cessation. - Subcontractors and Suppliers:
File within 90 days of project completion, or within 30 days of a recorded Notice of Completion or Cessation.
Arizona
- All contractors (including GCs):
File within 120 days of project completion, or within 60 days after a Notice of Completion is recorded.
Nevada
- File within 90 days after the project is complete or within 40 days of a Notice of Completion.
Washington
- File within 90 days of last labor or delivery of materials, or within 60 days if the owner files a notice with lien claimants.
Oregon
- File with proper county recorder within 75 days after completion of work of improvement, or 75 days after you cease to provide services or materials, whichever occurs first.
Each state has its own variations and exceptions, so it’s essential to know the rules that apply to your specific situation.
Tip: Some property owners file a Notice of Completion to shorten your lien filing window. CNS offers a Notice of Completion Monitoring and Search service to help you determine whether one has been filed for your project address.
How Long Do You Have to Enforce a Mechanics Lien?
Filing a lien doesn’t automatically get you paid, it simply secures your interest in the property. You may need to enforce the lien through a foreclosure lawsuit to collect what you’re owed.
Each state sets a time limit for filing this lawsuit, and the lien becomes unenforceable if you miss that deadline:
- California:
Lawsuit must be filed within 90 days of recording the lien. - Arizona:
Lawsuit must be filed within 6 months of recording the lien. - Nevada:
Lawsuit must be filed within 6 months of recording the lien. - Washington:
Lawsuit must be filed within 8 months of recording the lien. - Oregon:
Lawsuit must be filed within 120 days after project completion or cessation of labor or materials—not from lien recording.
Once the enforcement deadline passes, you can no longer foreclose on the lien—even if it remains on record.
What Happens if a Lien “Expires”?
It’s important to understand that while the lien may become unenforceable after the enforcement deadline, it doesn’t automatically disappear from county records.
Here’s what that means:
- You lose the legal right to foreclose and collect through the lien.
- The lien may still appear in public records and could cause problems for the property owner trying to sell or refinance.
- The property owner may request or sue to have the lien removed.
- In some cases, even unenforceable liens can result in payment if the property owner wants to clear title.
Note: If you’ve been paid, in whole or in part, it’s essential to file a lien release to avoid legal exposure.
Common Misconceptions About Lien Time Limits
Let’s clear up a few common misunderstandings:
- “Once I file a lien, it’s good forever.”
False. Lien enforcement deadlines are strictly enforced by law. - “I can refile the lien if it expires.”
Only if you’re still within the lien filing window. If that window has passed, you cannot refile. - “The lien still being recorded means I can enforce it.”
Incorrect. Just because the lien remains recorded doesn’t mean it’s enforceable in court.
Final Tips to Protect Your Lien Rights
To make sure you don’t miss key deadlines, follow these best practices:
- Send a preliminary notice: In CA and AZ, this is required within 20 days of starting work. Check about your specific state, or reach out to CNS directly.
- Track completion dates carefully: These dates start the clock for lien filing and enforcement.
- Check for Notices of Completion: These can significantly shorten your deadline. CNS can help with searches or ongoing monitoring of job addresses.
- Act early: If you’re unpaid, don’t wait until the last minute to file or enforce your lien.
Mechanics Lien Deadlines Are Strict—But You’re Not Alone
At CNS, we’ve helped contractors, subcontractors, and material suppliers protect their payment rights since 1984. Our mechanics lien services are designed to simplify the process while ensuring your lien is properly prepared and filed.
We do not provide legal services or deadline reminders, but we can assist you with:
- Filing mechanics liens in compliance with your state’s rules.
- Verifying parties for preliminary notices so you’re protected from the start.
- Searching and monitoring Notices of Completion so you can track shortened deadlines.
- Referring you to qualified attorneys if legal enforcement is needed.
Need help getting started?
Contact CNS today at 800-366-5660 to begin preparing your preliminary notice or filing your mechanics lien.
Disclaimer: CNS is not a law firm and cannot provide legal advice. For legal questions or assistance enforcing a lien, we recommend consulting with a licensed attorney.
