Construction Lien Rights by State: Filing Deadlines Guide
- Cost Construction Accounting
- Dec 30, 2025
- 6 min read
An Orange County subcontractor recently lost $127,000 on a commercial project because they filed their mechanics lien on day 92, just two days past California's 90-day deadline. The property owner's attorney had the lien dismissed immediately. Two days late. $127,000 gone forever.
This guide shows you exactly how to protect your payment rights in every state, so this never happens to you. You'll learn which deadlines matter, how states differ, and the specific steps to preserve your right to file a lien before it's too late.
What Are Mechanics Lien Rights and Why Do They Matter?
A mechanics lien is a legal claim against a property when you haven't been paid for construction work or materials. It's one of the most powerful payment protection tools available to contractors, subcontractors, and suppliers.
Here's why liens are so effective:
They attach directly to the property itself, not just the person who owes you money
Property owners can't sell or refinance easily with a lien on the title
They give you leverage even if the general contractor or owner goes bankrupt
They often motivate quick payment to clear the title
But here's the catch: lien rights are time-sensitive and vary dramatically by state. Miss a deadline by even one day, and you could lose your right to file permanently along with every dollar you're owed.
The Two-Step Process: Preliminary Notices vs. Liens
Many contractors don't realize that protecting your lien rights is actually a two-step process in most states.
Step 1: Preliminary Notices (Pre-Lien Notices)
In roughly half of U.S. states, you must send a preliminary notice before you can file a mechanics lien. This notice informs the property owner that you're working on their project.
Key facts about preliminary notices:
Required in states like California, Texas, Arizona, Nevada, Wyoming, and others
Must be sent within a specific timeframe after starting work (typically 20-30 days)
Goes to the property owner and sometimes the general contractor
If you miss this deadline, you lose your lien rights entirely even if you're never paid
Step 2: Mechanics Liens
The actual lien is filed later if payment problems arise. This creates the legal encumbrance on the property.
The critical point:Â In states requiring preliminary notices, you must complete Step 1 correctly or Step 2 becomes impossible. You can't go back and fix it later.
How Lien Laws Differ Across the United States
Every state has its own lien laws, deadlines, and requirements. What works in your home state won't work in others. Here's how to understand the landscape.
States Requiring Preliminary Notices
These states require you to send notice within a specific timeframe:
California
Preliminary notice: 20 days from first furnishing labor/materials
Lien filing: 90 days after project completion
Texas
Preliminary notice: By the 15th day of the second month after starting work
Lien filing: By the 15th day of the third month after last work
Arizona
Preliminary notice: 20 days from first furnishing
Lien filing: 120 days after completion
Nevada
Preliminary notice: 31 days from first furnishing
Lien filing: 90 days after completion
Wyoming
Preliminary notice: 15 days from first furnishing
Lien filing: 75 days after completion
States with Direct Lien Rights (No Preliminary Notice Required)
In these states, you can file a lien without sending advance notice:
New York:Â 4 months from last work (private projects)
New Jersey:Â 90 days from last work
Pennsylvania:Â 6 months from last work
Florida:Â 90 days from last work (though notice to owner within 45 days improves rights)
Illinois:Â 90 days from completion
Michigan:Â 90 days from last work
States with Special Requirements
Some states have unique rules that catch contractors off guard:
Georgia
Subcontractors must file within 30 days of last work
Requires specific affidavit language
Prime contractors have 90 days
Washington
Notice to owner required within 60 days of first furnishing
Lien filing within 90 days of completion
Special bonding provisions
Louisiana
Called "privileges" not liens
Must file statement of claim within 30-60 days depending on project type
Complex public vs. private project rules
The 5 Most Costly Lien Rights Mistakes
1. Miscalculating Critical Deadlines
Many contractors count from the wrong date. States vary on whether deadlines run from:
Project completion
Your last day of work
Recording of notice of completion
Certificate of occupancy
Example:Â In California, if the owner records a Notice of Completion, your lien deadline drops from 90 days to just 30 days. If you weren't tracking this, you'd miss your deadline.
2. Sending Incomplete Preliminary Notices
Your preliminary notice must include specific information:
Accurate property description (legal description, not just address)
Correct owner name and address
General contractor information
Accurate description of work/materials
Estimated contract amount
One missing element can invalidate the entire notice.
3. Assuming Your Home State Rules Apply Everywhere
A California contractor working in Texas told us they "always send notices at 20 days" because that's California's rule. In Texas, they needed to send by the 15th day of the second month, a completely different timeline. They lost their lien rights on a $200,000 project.
Always research the specific state where the project is located.
4. Not Tracking Multiple Project Timelines
If you're working on 15 projects across 5 states, you're managing dozens of different deadlines. Without a system, you'll miss something.
5. Waiting Too Long to Act on Payment Problems
Many contractors wait 60-90 days past due before taking action, hoping the relationship will survive. By then, critical notice deadlines have already passed.
Set a firm policy:Â If payment is 30 days late, preliminary notice goes out. If it's 60 days late, evaluate lien filing.
Your 6-Step System to Protect Lien Rights on Every Project
Step 1: Research State Requirements Before Bidding
Before you submit a bid in a new state:
Look up that state's lien law requirements
Note preliminary notice deadlines
Note lien filing deadlines
Identify who must receive notices
Check for any special affidavit or form requirements
Step 2: Document Your Project Start Date
Record the exact date when:
You first furnished labor or materials
Your workers first arrived on site
Materials were first delivered
This starts the clock on preliminary notice deadlines.
Step 3: Set Calendar Reminders Immediately
Don't rely on memory. As soon as you start work:
Calculate your preliminary notice deadline
Set a reminder for 5 days before the deadline
Set a backup reminder for 2 days before
Include all required information in the reminder (project address, owner name, etc.)
Step 4: Send Preliminary Notices Early and Correctly
Best practices:
Send via certified mail with return receipt requested
Keep copies of everything you send
Verify the property owner's name with county records
Use the legal property description from county records
Send to all required parties (owner, GC, lender if specified)
Send even if you think you'll definitely get paid
Why send early? You can send a preliminary notice even if there's no payment problem yet. It preserves your rights "just in case."
Step 5: Track Your Last Day of Work
Document when you:
Completed your final work
Made your final delivery
Achieved final completion
This starts the clock on lien filing deadlines.
Step 6: Don't Hesitate to File If Needed
If you reach 45-60 days past due:
Consult with a construction attorney
Prepare your mechanics lien paperwork
File before the deadline
Serve all required parties
You can always negotiate payment after filing. But if you wait too long, you lose all leverage.
How Job Costing & Accounts Receivable Systems Protect Your Rights
Manual tracking of lien deadlines across multiple projects and states is nearly impossible. This is where construction-specific bookkeeping becomes critical to protecting your payment rights.
Job costing tracks the dates that trigger lien deadlines:
First date labor or materials were furnished to the project
Last date of work performed on each phase
Project completion dates and milestones
Subcontractor start and end dates
Accounts receivable management identifies payment problems early:
Automated alerts when invoices hit 30, 60, or 90 days past due
Clear visibility into which projects have payment issues
Documentation of all amounts owed by project
Track payment history patterns by client
Why this matters:Â The best time to send a preliminary notice is before you have a payment problem. But you can't protect your rights if you don't have accurate project dates and aging reports at your fingertips.
Construction Cost Accounting specializes in Sage 100 Contractor and QuickBooks implementations that maintain the accurate job costing records and AR tracking necessary to preserve lien rights across all your projects.
Don't Let Poor Bookkeeping Cost You Payment Rights
Missing a lien deadline doesn't just cost you one payment, it can put your entire business at risk. Contractors know that strict 20-day preliminary notice deadlines leave no room for error. One missed deadline on a $300,000 project could mean permanently losing those payment rights.
The good news:Â With proper job costing and accounts receivable systems, protecting your lien rights becomes automatic rather than chaotic.
Need help implementing construction bookkeeping that protects your payment rights?Â
Construction Cost Accounting has over 15 years of experience helping contractors, GCs, and subcontractors maintain the accurate job costing and AR tracking that preserve lien rights on every project.
Our QuickBooks and Sage 100 Contractor specialists ensure your books always contain the documentation and deadlines you need to file liens when necessary.
Schedule a free consultation to discuss how proper bookkeeping infrastructure can protect every dollar you're owed.
