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What Is a Mechanic's Lien?

By Wyatt Cooper · Published · 3 min read

Key takeaways

  • A mechanic's lien is a claim against the improved real property itself, not against a person, so in many states it can bind an owner who paid the GC in full.
  • Contractors, subcontractors, suppliers, equipment lessors, laborers and design professionals can have lien rights, depending on the state.
  • A lien exists only if the claimant meets the state's notice, filing and enforcement deadlines; public property is usually protected by payment bonds instead.

A mechanic's lien is a legal claim against real property, filed by a contractor, subcontractor, supplier or worker who improved the property and was not paid. Once recorded and enforced as the state's statute requires, it can lead to a court-ordered sale of the property to pay the debt. Each state sets who may claim one and the deadlines.

How a mechanic's lien works

The lien attaches to the property that was improved. California's statute lists who "has a lien right": a direct contractor, subcontractor, material supplier, equipment lessor, laborer and design professional who provides authorized work (Cal. Civ. Code § 8400). The claimant records a sworn claim with the county; in Texas the affidavit states the amount, the owner, the work, the property and the notices sent (Tex. Prop. Code § 53.054). Then it must sue to enforce: in California "within 90 days after recordation," or the lien "expires and is unenforceable" (§ 8460).

This is why owners and GCs collect lien waivers with each payment: a sub the GC failed to pay can still lien the owner's property. Timing rules are in mechanic's lien deadlines.

A mechanic's lien is not a bond claim

Government property generally cannot be liened. On federal construction contracts over $100,000 the prime must post a payment bond, and unpaid subs and suppliers sue on the bond instead (40 U.S.C. §§ 3131 and 3133); states have similar bond laws for their own work. A lien is against the property, a bond claim against the surety.

Example: a fictional supplier delivers $18,000.00 of doors to a private medical office, the GC never pays, and the supplier sends its notices and records a lien on time. The owner, who already paid the GC, may have to pay the supplier or bond around the lien to clear title. It is one reason owners hold retainage and collect waivers with every payment: see how to calculate retainage.

The bottom line

A mechanic's lien turns an unpaid construction bill into a claim on the building itself, but only for a claimant who follows the statute's steps on time.

Find your state's lien statute before the job starts and diary its notice and filing deadlines.

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Sources

  1. California Civil Code § 8400 — California Legislative Information. Read October 17, 2026.
  2. California Civil Code § 8460 — California Legislative Information. Read October 17, 2026.
  3. Texas Property Code Chapter 53 — Texas Legislature. Read October 16, 2026.
  4. Florida Statutes § 713.06 (2026), Liens of persons not in privity — The Florida Senate. Read October 16, 2026.
  5. New York Lien Law § 4 — New York State Senate. Read October 17, 2026.
  6. 40 U.S.C. Chapter 31, Subchapter III, Bonds (U.S. Code, 2024 edition) — U.S. Government Publishing Office, govinfo. Read October 16, 2026.

Questions

Who can file a mechanic's lien?

Usually anyone who improved the property and was not paid: general contractors, subcontractors, suppliers, equipment lessors, laborers and, in some states such as California, design professionals. The statute in the property's state decides.

Can a subcontractor put a lien on a property if the owner paid the GC?

Often, yes, if the sub met the state's notice and filing rules, because the lien is against the property. Some states limit it: New York caps a sub's lien at what was still earned and unpaid on the owner's contract when the lien was filed (Lien Law § 4), and Florida limits all liens under a direct contract to its contract price, with exceptions (Fla. Stat. § 713.06(1)). Check the statute.

How long does a mechanic's lien last?

Only as long as the statute allows without a lawsuit. In California a lien expires unless an action to enforce it is filed within 90 days after recording, subject to a recorded extension of credit.

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