Mechanics Lien Notice Deadlines: California, Texas and Florida
The notice a contractor or supplier must send to keep lien rights, and the recording deadlines, under California, Texas and Florida law.
By Seayora Editorial Team · Published · Facts checked · 5 min read
Short answer: A lien right is lost long before anyone files a lien if the early notice is missed. In California, a claimant gives a preliminary notice within 20 days of first furnishing work. In Texas, a subcontractor or supplier sends a notice of claim by the 15th day of the second month (residential) or third month (other projects) after each month of unpaid work. In Florida, a lienor not in privity with the owner serves a Notice to Owner within 45 days of starting. Each state then sets a separate deadline to record the lien itself.
Key takeaways
- California: preliminary notice within 20 days of first furnishing work; a late notice covers only work from 20 days before it (Civ. Code § 8204).
- California: a direct contractor notifies only the construction lender, if any (Civ. Code § 8200(e)).
- Texas: a subcontractor or supplier sends a notice of claim for each month of unpaid work, by the 15th of the second month (residential) or third month (other projects) after it (Prop. Code § 53.056).
- Florida: a lienor not in privity with the owner serves a Notice to Owner within 45 days of starting; missing it is a complete defense (Fla. Stat. § 713.06).
- Recording deadlines are separate: 90 days in Florida, and 90 days, 60 days or 30 days in California depending on the claimant and any notice of completion.
Why does the early notice matter?
A mechanics lien lets an unpaid contractor, subcontractor or supplier make a claim against the property improved. Most states require an early notice, given while the work is still under way, so the owner knows who might claim and can withhold payment from the general contractor. Miss that notice and the lien can be lost even if every later step is done on time.
| State | Early notice | Who gives it | Deadline to record the lien | Source |
|---|---|---|---|---|
| California | Preliminary notice within 20 days of first furnishing work | Every claimant except a laborer; a direct contractor notifies only the construction lender | Direct contractor: earlier of 90 days after completion or 60 days after a notice of completion. Others: earlier of 90 days after completion or 30 days after a notice of completion | Civ. Code §§ 8200, 8204, 8412, 8414 |
| Texas | Notice of claim by the 15th day of the 2nd month (residential) or 3rd month (other) after each month of unpaid work | Any claimant other than the original contractor | Original contractor: 15th day of the 3rd month (residential) or 4th month (other) after completion; others measured from the last month of work | Prop. Code §§ 53.052, 53.056 |
| Florida | Notice to Owner within 45 days of starting work | Every lienor not in privity with the owner, except laborers | 90 days after final furnishing | Fla. Stat. §§ 713.06, 713.08 |
What does California require?
Before recording a lien, giving a stop payment notice or claiming on a payment bond, a claimant must give preliminary notice to the owner, the direct contractor and any construction lender. A laborer is exempt, and a claimant with a direct contract with the owner gives notice only to the construction lender (Cal. Civ. Code § 8200). The notice is due “not later than 20 days after the claimant has first furnished work.” A late notice is still worth sending, but it supports a lien only “for work performed within 20 days prior to the service of the preliminary notice, and at any time thereafter” (Cal. Civ. Code § 8204).
A direct contractor must record its claim of lien after completing its contract and before the earlier of 90 days after the whole project is complete or 60 days after the owner records a notice of completion or cessation (§ 8412). Any other claimant records after it stops work and before the earlier of 90 days after completion or 30 days after a notice of completion or cessation (§ 8414).
What does Texas require?
Since January 1, 2022, a claimant other than the original contractor must send a notice of claim for unpaid labor or materials to the owner and the original contractor, in substantially the statutory form, “for projects other than residential construction projects, not later than the 15th day of the third month after the month during which” the labor or materials were provided, and for residential construction projects by the 15th day of the second month. The notice is month by month: each month of unpaid work has its own deadline (Tex. Prop. Code § 53.056). Retainage has its own notice under § 53.057.
The lien affidavit is filed with the county clerk. An original contractor files by the 15th day of the fourth month (third month for residential projects) after the month its work was completed, terminated or abandoned; other claimants file by the same months measured from the month they last provided labor or materials (Tex. Prop. Code § 53.052). A deadline that falls on a weekend or legal holiday moves to the next business day.
What does Florida require?
Every lienor except a laborer who is not in privity with the owner must serve a Notice to Owner “before commencing, or not later than 45 days after commencing, to furnish” labor, services or materials, and in any event before the owner’s final payment after the contractor’s final affidavit. Sub-subcontractors and suppliers to subcontractors must also serve the contractor. “The failure to serve the notice, or to timely serve it, is a complete defense to enforcement of a lien by any person” (Fla. Stat. § 713.06). The claim of lien must then be recorded “not later than 90 days after the final furnishing of the labor or services or materials,” and served on the owner before or within 15 days after recording (Fla. Stat. § 713.08).
How should a contractor keep its lien rights?
- Record the date you first furnished work on every job; California and Florida count from it.
- In Texas, check unpaid amounts at each month-end and send a notice for that month before its deadline.
- Send notices by a method the statute recognizes, and keep proof of mailing or delivery.
- Diary the recording deadline the day the job finishes or a notice of completion is recorded.
- Get a lawyer’s review before recording a lien on a homestead or residential project, where extra rules apply.
Frequently asked questions
How long do I have to send a preliminary notice in California?
20 days after you first furnish work. You can still send one later, but it then covers only work from 20 days before it was served.
When is the Texas notice of claim due?
For each month of unpaid work, by the 15th day of the second month after it on a residential project, or the third month on any other project.
What happens if I miss Florida’s Notice to Owner?
Failing to serve it within 45 days of starting work is a complete defense to enforcing your lien, so the lien is effectively lost.
Sources
- California Civil Code § 8200, Preliminary notice, California Legislative Information
- California Civil Code § 8204, California Legislative Information
- California Civil Code § 8412, California Legislative Information
- California Civil Code § 8414, California Legislative Information
- Texas Property Code Chapter 53, Mechanic’s, Contractor’s, or Materialman’s Lien, Texas Legislature
- Florida Statutes § 713.06, Liens of persons not in privity; proper payments, The Florida Legislature
- Florida Statutes § 713.08, Claim of lien, The Florida Legislature
How Seayora helps
Contractor invoicing: Each invoice is dated by job and stays open until it is paid, so you can see which months of work are still unpaid before a notice deadline.
This article is general information, not legal advice. Landlord-tenant law varies by state and city and changes often, so check the current rule for your property and talk to an attorney before acting on a dispute.
How we write and check these guides: editorial standards.
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