Mechanics Lien Release California Guide
Mechanics lien release California guide: protect your home when you pay a roofer, how liens work, the four waiver forms, and what to do if a lien is filed.
The new roof is done and it looks great. You paid the roofer in full. Two months later a letter arrives: the supplier who sold the shingles says it was never paid, and it has put a lien on your house.
That can happen in California even when you paid every bill. This article explains what a mechanics lien is, the preliminary notice that warns you, and how a mechanics lien release in California, collected with each payment, keeps you from paying twice.
What is a mechanics lien?
A mechanics lien is a claim against your property by someone who worked on it or supplied materials for it and says they weren't paid. It can come from your roofer, a subcontractor, a laborer or a supplier. Once recorded, it sits on your title, and it can block a sale or a refinance until it is cleared.
Source: CSLB, Understanding Mechanics Liens; Civil Code §8400
The catch for homeowners: paying your contractor does not guarantee the contractor paid the supplier. If they didn't, the supplier can still have lien rights against your home.
Source: CSLB, Conditional and Unconditional Waiver and Release Forms
Who can file a lien on my house after a new roof?
On a typical reroof, more people have lien rights than you might think:
- Your roofing contractor, if you don't pay the contract price.
- A subcontractor, such as a sheet metal shop doing gutters or flashing.
- The supplier who delivered the shingles, underlayment and nails.
- Laborers who weren't paid their wages.
- Equipment rental companies, for a dumpster or lift used on the job.
This is why who you hire matters. A licensed and insured roofer with a long, clean record is far less likely to leave suppliers unpaid than a company that opened last month.
Source: Civil Code §8400; CSLB, Understanding Mechanics Liens
What is a preliminary notice?
A preliminary notice is the early warning. A subcontractor or supplier who wants to keep lien rights must serve you one within 20 days of starting work or delivering materials. Your direct contractor and laborers don't have to send one.
Source: Civil Code §8204; CSLB, What if a Mechanics Lien is Filed on Your Property?
A preliminary notice is not a lien, and it doesn't mean anything is wrong. It is a list of who could file one. Keep every notice. When it is time to pay, those are the companies you want releases from.
Mechanics lien release forms: conditional vs unconditional
California has four official waiver and release forms. A release is only binding if it substantially follows one of them.
| Form | When to use it |
|---|---|
| Conditional waiver and release on progress payment | Before you make a progress payment. It takes effect only once the payment clears. |
| Unconditional waiver and release on progress payment | After the progress payment has cleared. |
| Conditional waiver and release on final payment | Before the final payment. |
| Unconditional waiver and release on final payment | After the final payment has cleared. |
Source: Civil Code §§8132, 8134, 8136, 8138; CSLB, Conditional and Unconditional Waiver and Release Forms
Before you sign the contract, ask the roofing contractor how they handle releases. The safe habit: get a conditional release when you pay, and the unconditional lien release once your check clears. Do it with the roofer and with each supplier or sub who sent a preliminary notice.
"With each payment, will you give me a conditional release, and an unconditional release once it clears, from you and your shingle supplier?"
A simple mechanics lien release California payment routine
Here is how one payment on a roof job can work, step by step. Ask for each release by name, and if a crew asks for a California contractor license number on your form, they have the wrong idea: you collect theirs.
- The roofer finishes a stage, for example tear-off and underlayment.
- The roofer gives you a conditional waiver and release for that progress payment, plus conditional releases from any supplier who sent you a preliminary notice.
- You pay, by check or another traceable method, never cash.
- Once the payment clears, you collect the matching unconditional releases.
- You file all of them in one folder with the contract and the permit.
Repeat for each payment. At the final payment, use the final payment forms. It takes a few minutes per payment and can save you from paying for the same roof twice.
How to protect your home before the final payment
- Keep the deposit small. California caps it at $1,000 or 10 percent of the price, whichever is less. See how much a roofer can ask for a deposit.
- Pay as work is done. A schedule of payments tied to visible progress keeps you from paying ahead.
- Collect releases every time. From the roofer, and from anyone who sent a preliminary notice.
- Consider joint checks. For a big material bill, a check payable to both the roofer and the supplier makes sure the supplier is paid.
- Hire licensed. An unlicensed contractor can't foreclose a lien for work over $500, but the lien can still cloud your title. Check the California contractor license at CSLB first: here's how.
Source: Business and Professions Code §7159.5; CSLB, What if a Mechanics Lien is Filed on Your Property?
What if there is already a lien on my house?
Don't panic, and don't ignore it. Many liens are invalid because a deadline was missed. Check:
- Was a preliminary notice served on time? Late notice limits the claim to work done in the 20 days before it and after.
- Was the lien recorded in time? Generally within 90 days after the work was completed. If you recorded a notice of completion, the window is shorter: 60 days for your direct contractor, 30 days for subs and suppliers.
- Did they sue in time? The claimant must file a foreclosure lawsuit within 90 days of recording, or the lien can be removed.
Source: Civil Code §§8412, 8414, 8460; CSLB, What if a Mechanics Lien is Filed on Your Property?
If a lien looks invalid, CSLB suggests sending the claimant a written request to release it by certified mail, and petitioning the court if they won't. A court can award you reasonable attorney fees. For a valid lien, talk to a lawyer about your options.
The guide's section on liens and judgments covers why a contractor's own payment history matters. Before you sign with a roofer, a ConFacts report reads their CSLB license, the person behind it, workers' comp and bond, with sources, so you know who you are trusting with your payments before you sign. Ask our questions to ask a roofer before hiring too.
Frequently asked questions
Can a supplier put a lien on my house if I paid the roofer?
Yes, if the supplier wasn't paid and followed the notice and deadline rules. Releases from the supplier protect you.
What is the difference between a conditional and unconditional lien release?
A conditional release takes effect only when the payment clears. An unconditional one is effective as soon as it is signed, so get it only after your payment has cleared.
How long does a mechanics lien last in California?
If the claimant doesn't file a foreclosure suit within 90 days of recording, you can petition the court to release it.
Do I need a lawyer to remove a lien?
Not always. A written request sometimes works. If it doesn't, a lawyer can petition the court.
When do I need a mechanics lien release?
Every time you make a payment on the job, from the roofer and from anyone who sent a preliminary notice.
Does a ConFacts report check liens?
Not right now. It checks the license, the qualifier, workers' comp, the bond and manufacturer certifications.