How Long Do You Have to Wait to Put a Lien on a House? What Contractors Need to Know

In the construction industry, payment delays are an unfortunate reality. When invoices go unpaid, contractors, subcontractors, and suppliers often turn to one of the most powerful tools available to them: the mechanics lien.

A mechanics lien places a legal claim on a property for unpaid work or materials, which can prevent the property from being sold or refinanced until the issue is resolved. Because of the pressure a lien places on the property owner and others in the payment chain, it is often effective in prompting payment, even before any legal action is taken.

However, one of the most common questions contractors ask is: How long do you have to wait before putting a lien on a house?

The answer depends on several factors, including your state, your role on the project, and whether certain notices were recorded during construction. Understanding these timelines is critical because missing a deadline could mean losing your lien rights altogether.

The First Step: Preliminary Notices

Before you can file a mechanics lien in many states, you must first send a preliminary notice. This document informs the property owner, general contractor, and the construction lender (if there is one) that you are working on the project and have the right to file a lien if you are not paid.

Preliminary notices are typically required at the beginning of a project and must be sent within a strict timeframe. For example:

  • California: Within 20 days of first providing labor or materials
  • Arizona: Within 20 days of first providing labor or materials
  • Nevada: Within 31 days of first providing labor or materials
  • Oregon: Within 8 working days of first providing labor or materials
  • Washington: Within 10 days of first providing labor or materials
  • Florida: Within 45 days of first providing labor or materials

            Sending a preliminary notice is essential because failing to do so may eliminate your ability to file a mechanics lien later. In many states, these notices are the legal foundation that preserves your lien rights.

            Arizona is a good example of how strict these requirements can be. In that state, all contractors, including general contractors, must send a 20-day preliminary notice in order to preserve their right to file a lien.

            When You Can File a Mechanics Lien

            Contrary to what some contractors believe, you do not usually have to wait months after finishing a project to file a lien. In most cases, you can file once payment is overdue, as long as you are within your state’s filing window.

            The important factor is the deadline, which varies by state and sometimes by your role on the project.

            Here are a few examples:

            California

            General contractors:

            • 90 days after project completion, or
            • 60 days after a Notice of Completion or Cessation is recorded

            Subcontractors and suppliers:

            • 90 days after completion, or
            • 30 days after a Notice of Completion or Cessation

              Arizona

              • 120 days after project completion, or
              • 60 days after a Notice of Completion is recorded

              Nevada

              • 90 days after project completion, or
              • 40 days after a Notice of Completion

              Washington

              • 90 days after last providing labor or materials

              Because these deadlines vary significantly between states, contractors should always verify the specific rules that apply to their project location.

              The Role of a Notice of Completion

              A Notice of Completion (NOC) can shorten the time available to file a mechanics lien.

              When a property owner or direct contractor records this notice with the county, it signals that the project has officially been completed. Once recorded, the clock starts ticking on a shorter lien filing deadline for many parties involved in the project.

              For example, in California a subcontractor normally has 90 days after completion to file a lien, but if a Notice of Completion is recorded, that deadline can shrink to just 30 days.

              Because these notices can drastically impact your timeline, many contractors choose to monitor county records to see whether a Notice of Completion has been filed for a project.

              CNS offers a Notice of Completion search and monitoring service that scans county records for filings tied to a specific jobsite address. Contractors can order a one-time “flash” search or choose a monitoring option that checks for new filings for the next 365 days.

              What Happens After You File a Lien

              Filing a mechanics lien does not automatically mean you will end up in court.

              In many cases, the lien itself is enough to prompt payment. Property owners often want the lien removed quickly so they can sell, refinance, or move forward with the project.

              However, if payment still does not occur, the next step may involve enforcing the lien through a foreclosure lawsuit. This legal action must be handled by an attorney.*

              For example:

              • In California, a lawsuit to enforce the lien must be filed within 90 days after the lien is recorded.
              • In Arizona, enforcement must begin within 6 months of recording the lien.

              If legal enforcement is not initiated within the required timeframe, the lien may no longer be enforceable in court.

              However, it’s important to understand that even when a lien becomes unenforceable, it can still create pressure that encourages payment. Contractors sometimes use liens strategically as part of a broader collection effort.

              *Disclaimer: CNS is not a law firm and cannot provide legal advice. For legal assistance, please contact a qualified construction attorney.

              Common Mistakes That Cost Contractors Their Lien Rights

              Mechanics lien laws are highly technical, and even small mistakes can cause serious problems. Some of the most common issues include:

              • Failing to send a preliminary notice within the required timeframe
              • Filing the lien after the legal deadline
              • Missing a shortened deadline triggered by a Notice of Completion
              • Serving the lien incorrectly to the property owner or other required parties

              For example, California law requires that copies of the lien be served using registered mail, certified mail, express mail, or overnight delivery through an express carrier. Improper service can make the lien unenforceable.

              Another misconception is that lien service providers track all project milestones. In reality, companies like CNS rely on information provided by the contractor or publicly recorded documents. Because project events such as completion dates are not automatically reported to lien service providers, contractors should always stay aware of their own project timelines.

              How CNS Supports Contractors

              CNS has been supporting contractors, subcontractors, and material suppliers with construction notice services for decades.

              Our services focus on the accurate preparation and processing of construction notices and mechanics liens, helping contractors protect their right to payment while avoiding common filing mistakes.

              For example, when preparing preliminary notices, CNS performs extensive research and verification to identify the correct parties that must receive the notice, such as the property owner, general contractor, and construction lender. This ensures that the notice reaches the right recipients and preserves your lien rights.

              CNS also offers Notice of Completion search and monitoring services, allowing contractors to check whether a notice has been recorded on a project address.

              While CNS can prepare and file mechanics liens, we are not a law firm and cannot assist with enforcing a lien in court. If enforcement becomes necessary, we can refer you to a law firm we trust. 

              Conclusion: Timing Is Everything

              So how long do you have to wait before putting a lien on a house?

              In most cases, you don’t need to wait long at all, but you must stay within your state’s strict filing deadlines. These deadlines often depend on:

              • When the project was completed
              • Whether a Notice of Completion was recorded
              • Your role on the project
              • Whether a preliminary notice was sent

              Because lien laws vary widely by state and missing a deadline can eliminate your rights entirely, understanding these timelines is essential for protecting your payment.

              Mechanics liens remain one of the most effective tools available to contractors dealing with slow pay, short pay, or no pay situations. When used correctly, they can provide the leverage needed to resolve payment disputes and keep your business financially secure.

              Get Started Today

              If you need to file a mechanics lien or send a preliminary notice, contact CNS today at 800-366-5660. Our team can help you prepare and process the construction notices needed to protect your right to payment.

              Disclaimer: CNS is not a law firm and cannot provide legal advice. For legal assistance, please contact a qualified construction attorney.