What Is a Mechanic’s Lien?

A mechanic’s lien (or a construction lien) is a formal notice indicating a financial interest in a property. A contractor fills it out when a customer fails to pay for the services or materials provided. It’s most common in construction projects, but can be used in other instances of unpaid work.

Before filing a mechanic’s lien, a contractor may try sending an invoice or a demand for payment letter. If the customer ignores it or refuses to pay, the contractor can use a mechanic’s lien. They fill out the details, stating a claim amount and declaring their hold on the property. Then, they file it with their county recorder’s office and provide notice to the property owner within a specific time frame.

Property owners can’t easily sell or refinance their properties without paying the amount owed to resolve the lien. So, if you’re a contractor who hasn’t received payment, filing a construction lien can give you leverage and increase your chances of getting paid.

A payment bond is a surety bond on public projects that guarantees contractors and suppliers get paid, since liens can’t be filed against government property. A mechanic’s lien, by contrast, is a legal claim filed against private property to secure payment.

When to Use a Mechanic’s Lien

You can write and file a mechanic’s lien when you provided goods or services to construct or improve real estate property and didn’t receive payment. States have different rules for filing deadlines and what constitutes appropriate work. Generally speaking, the following work, if gone unpaid, may qualify for a construction lien:

The provision of goods, such as lumber, plumbing supplies, or electrical equipment
Carpentry, plumbing, electrical, and HVAC services
Civil engineering, design, and architectural work
The fabrication of specialty items that were later incorporated into construction projects

What Happens Without a Mechanic’s Lien?

If you don’t file a mechanic’s lien, you may decrease your chances of recovering the amount owed. The following consequences may occur:

You may only rely on invoices, contracts, and other collection efforts, which the property owner may ignore.
Property owners may sell or refinance without addressing the unpaid invoice.
You might have to sue directly, which can be costlier.
You may fall behind other creditors if the customer files for bankruptcy.

You can mitigate these risks by filling out Legal Templates’s mechanic’s lien form and filing it with the appropriate office for your jurisdiction.

Other Mechanic’s Lien Documents

Once the customer pays, you can fill out a release of mechanic’s lien. This form shows that the lien has been satisfied and removes it from the property, giving the property owner a clear title if they don’t have other encumbrances.

A lien waiver states that the contractor, subcontractor, or supplier cannot file a lien on the property. It protects the property owner and allows the project to continue forward. A lien waiver can be conditional on payment or unconditional, depending on the terms the parties agree to.

How to Fill Out a Mechanic’s Lien Form

When you know how to write a mechanic’s lien form, you can prepare it for filing with your local recorder’s office. This way, you’ll establish a clear record and encourage the property owner to pay their bill. Review the steps below for filling out a mechanic’s lien.

Step 1 – Provide Parties’ Information

Clarify that you’re the claimant, the party completing the contractor’s lien. Provide your name, address, and license number.

You may file a mechanic’s lien on someone else’s behalf if you have the authority to do so in a power of attorney.

You should also provide the owner’s name of the property where you performed work. Give the street and legal addresses.

Step 2 – Reference the Original Contract

Reference the original contract, including:

Who you (the claimant) entered the contract with
The date you entered the contract
The labor/services performed
The contract price of the work completed
The last date you performed work on the property
A copy of the contract (optional)

Step 3 – State the Unpaid Balance

State the amount of the unpaid balance. If the property owner has paid you any portion of the amount due, account for this so you don’t seek more than you’re owed. Write the percentage of interest the property owner owes on the balance (if applicable).

Step 4 – Name the Claim’s Assignee

This may not be applicable if you’re the original owner of the claim. In most cases, the original claim owner is a contractor, subcontractor, or supplier who didn’t get paid.

However, claimants can sell or transfer their right to collect payment to another person or a collections agency. If you are pursuing the lien because you bought or received the lien as a transfer, you can include this specification in Legal Templates’s form.

Step 5 – Clarify the Notice Given

Sometimes, states make claimants issue notice before filing a contractor’s lien. Clarify whether you gave notice. If yes, state when you issued the notice, and attach a copy of the notice of intent to lien as an exhibit.

Step 6 – Give Verification Details

Like the notice requirements, some states mandate that you have a third party verify the form. This third party ascertains that the contents are true to the best of their knowledge. Even if verification isn’t required in your state, you can still consider including it to increase the enforceability of your document.

Step 7 – Sign & Notarize

Sign the construction lien to swear that its contents are accurate. Verification of your lien may be sufficient, but you may also need to get it notarized. Follow the requirements in your county and state to ensure your lien will be enforceable.

Step 8 – Ensure Adherence to State Laws

States have different requirements for various aspects of mechanic’s liens, including:

Filing deadlines
The specific parties allowed to file liens
Lien content requirements and formatting
Priority and enforcement

Below, you can explore the state laws for mechanic’s liens. Our table also outlines the time limits for recording liens by state, so you can submit your document on time and ensure it maintains its validity.

State	General Laws	Time Limit to Record the Lien (With Statute)
Alabama	AL Code Title 35, Ch. 11, Art. 5, Div. 8	30 days for day laborers and journeymen 120 days for subcontractors 180 days for original contractors AL Code § 35-11-215
Alaska	AK Stat Title 34, Ch. 35, Art. 2	120 days in normal situations 15 days if the property owner files a "Notice of Completion," indicating the project is finished AK Stat § 34-35-068
Arizona	AZ Rev Stat Title 33, Ch. 7, Art. 6	120 days after project completion if not recorded If a notice of completion has been recorded, within sixty days (60) after recordation of such notice AZ Rev Stat § 33-993
Arkansas	AR Code Title 18, Subtitle 4, Ch. 44, Subch. 1	120 days AR Code § 18-44-117
California	CA Civ Code Div. 4, Part 6, Title 2, Ch. 4	90 days after recording the lien If the owner and claimant agree to extend credit, and notice is recorded within 90 days after recording the claim, then an action may be pursued, within 90 days after the expiration of credit and one year after project completion CA Civ Code § 8460
Colorado	CO Rev Stat Title 38, Art. 22	4 months after the work is finished, or 6 months after notice is filed (whichever comes first) CO Rev Stat § 38-22-109
Connecticut	CT Gen Stat Title 49, Ch. 847	90 days CT Gen Stat § 49-34 and § 49-35
Delaware	DE Code Title 25, Ch. 27	180 days for direct contractors 120 days for subcontractors and suppliers DE Code § 2711
District of Columbia	DC Code Title 40, Ch. 3	90 days DC Code § 40–301.02
Florida	FL Stat Title XL, Ch. 713	45 days after commencing services/labor/materials FL Stat § 713.06
Georgia	GA Code Title 44, Ch. 14, Art. 8, Part 3	90 days after completion of work/furnishing of architectural services, or the furnishing or performance of, for example, surveying, or within 90 days after the material or machinery is furnished in the office of the clerk of the superior court of the county where the property is located GA Code § 44-14-361.1
Hawaii	HI Rev Stat Title 28, Ch. 507, Part 2	45 days after the date of completion of the improvement against which it is filed HI Rev Stat § 507-43(b)
Idaho	ID Code Title 45, Ch. 5	90 days after the completion of the labor or services or furnishing of materials ID Code § 45-507
Illinois	IL Code Ch. 770, ILCS 60	120 days § 770 ILCS 60/7
Indiana	IN Code Title 32, Art. 28, Ch. 3	60 days for residential projects 90 days for non-residential projects IN Code § 32-28-3-3
Iowa	IA Code Title XIV, Ch. 572	90 days on which the last of the material was furnished or the last of the labor was performed IA Code § 579.9
Kansas	KS Stat Ch. 60, Art. 11	90 days for subcontractors and suppliers 120 days for prime contractors KS Stat § 60-1102 and KS Stat § 60-1101
Kentucky	KY Rev Stat Chapter 376	180 days after providing labor or materials for real property, you must file a lien statement within six months, and then send a copy of that statement to the property owner by certified mail within seven days to validate the lien KY Rev Stat 376.080(1)
Louisiana	LA Rev Stat Title 9, Title XXI, Ch. 2, Part 1	60 days LA Rev Stat § 4822
Maine	ME Rev Stat Title 10, Ch. 603	120 days for direct contract with the property owner after the last of the labor or services are performed or labor, materials or services are so furnished, except as provided in section 3256 - i.e. owner dies 90 days for all other contractors ME Rev Stat § 3253 and ME Rev Stat § 3255
Maryland	MD Code Real Property, Title 9, Subtitle 1	180 days after the work has been finished or the materials furnished MD Code § 9-105
Massachusetts	MA Gen L Part III, Title IV, Ch. 254	60 days (after notice of substantial completion) 90 days (after notice of termination is filed) 90 days (after the contractor furnishes the last of their labor or materials) MA Gen L ch 254 § 2
Michigan	MI Comp L Ch. 570, Part 1	90 days after the lien claimant's last furnishing of labor or material for the improvement MI Comp L § 570.1111
Minnesota	MN Rev Stat Ch. 514	120 days after doing the last of the work, or furnishing the last item of skill, material, or machinery unless certain exceptions apply MN Rev Stat § 514.08
Mississippi	MS Code Title 85, Ch. 7, Art. 21	90 days after the claimant's last work performed, labor, services, or materials provided, the furnishing of architectural services, or the furnishing of surveying or engineering services MS Code § 85-7-405(b)
Missouri	MO Rev Stat Title XXVII, Ch. 429	180 days after the indebtedness shall incurred MO Rev Stat § 429.080
Montana	MT Code Title 71, Ch. 3, Part 5	90 days after the person's final furnishing of services or materials MT Code § 71-3-535
Nebraska	NE Rev Stat Ch. 52 (§§ 101-159)	120 days after his or her final furnishing of services or materials NE Rev Stat § 52-137
Nevada	NV Rev Stat Title 9, Ch. 108	90 days after the completion of work 40 days after the recording of a valid notice of completion, if the notice of completion is recorded and served in the manner required pursuant to NV Rev Stat § 108.228 NV Rev Stat § 108.226
New Hampshire	NH Rev Stat Title 41, Ch. 447	120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and shall take precedence of all prior claims except liens on account of taxes NH Rev Stat § 447:9
New Jersey	NJ Rev Stat Title 2A, Ch. 2A:44A	90 days for non-residential projects 120 days for residential projects NJ Rev Stat § 2A:44A-20 and NJ Rev Stat § 2A:44A-21
New Mexico	NM Rev Stat Ch. 48, Art. 2	120 days for original contractors 90 days for others NM Rev Stat § 48-2-6
New York	NY Lien Law Ch. 33, Art. 2	240 days NY Lien L § 10
North Carolina	NC Gen Stat Ch. 44A, Art. 2, Part 1	120 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien NC Gen Stat § 44A-12
North Dakota	ND Cent Code Title 35, Ch. 35-27	90 days ND Cent Code § 35-27-14
Ohio	OH Rev Code Title 13, Ch. 1311	60 days for one- or two-family dwellings 120 days for oil or gas or the proceeds of the sale of oil or gas projects 75 days for projects other than the ones described above OH Rev Stat § 1311.06
Oklahoma	OK Stat Title 42	120 days for prime contractors 90 days for subcontractors 42 OK Stat § 142 and 42 OK Stat § 143
Oregon	OR Rev Stat Title 9, Ch. 87	75 days OR Rev Stat § 87.035
Pennsylvania	PA Stat Title 49	180 days 1963 Act 497 Chapter 5 Section 2
Rhode Island	RI Gen L Title 34, Ch. 28	200 days after the doing of such work or the furnishing of such materials RI Gen L § 34-28-4 and RI Gen L § 34-28-9
South Carolina	SC Code Title 29, Ch. 5	90 days SC Code § 29-5-90
South Dakota	SD Codified L Title 44, Ch. 9	120 days SD Codified L § 44-9-15
Tennessee	TN Code Title 66, Ch. 11	One year for prime contractors after the date the improvement is complete or is abandoned, and until the final decision of any suit properly brought within that time for its enforcement 90 days for subcontractors TN Code § 66-11-106 and TN Code § 66-11-112
Texas	TX Prop Code Title 5, Subtitle B, Ch. 53	By the 15th day of the 3rd month following the month in which the last labor was performed or materials were supplied (for residential projects) By the 15th day of the 4th month following the month in which the last labor was performed or materials were supplied (for non-residential projects) TX Prop Code § 53.052
Utah	UT Code Title 38, Ch. 1a	90 days after notice is filed under UT Code § 38-1a-507 and no later than 180 days after the date of the final completion of the contract 180 days for subcontractors after final completion of work UT Code § 38-1a-502
Vermont	Title 9, Part 3, Ch. 51, Subch. 1	180 days from the time when payment became due for the last labor performed or materials furnished unless a notice of lien is filed in the office of the town clerk 9 VT Stat § 1921
Virginia	VA Code Title 43, Ch. 1	90 days from the last day of the month in which he last performs labor or furnishes material, and in no event later than 90 days from the time such building, structure, or railroad is completed, or the work thereon otherwise terminated VA Code § 43-4
Washington	WA Rev Code Title 60, Ch. 60.04	90 days after the contractor has ceased to furnish labor, professional services, materials, or equipment or the last date on which employee benefit contributions were due WA Rev Code § 60.04.091
West Virginia	WV Code Ch. 38, Art. 2	100 days WV Code § 38-2-7
Wisconsin	WI Stat Ch. 779, Subch. 1	180 days WI Stat § 779.06
Wyoming	WY Stat Title 29, Chs. 1, 2 & 10	150 days for a contractor asserting a lien under this chapter 120 days for every other person WY Stat § 29-2-106

Mechanic’s Lien Sample

View our free mechanic lien letter sample below to understand how to word your claim. Then, create your own using our guided questionnaire. Download it as a PDF or Word file and prepare to send it to your local recorder’s office for filing.

This is a document preview. Your customized version will be created after you answer a few quick questions.

mechanic's-lien

What Is a Mechanic’s Lien?

Payment Bond vs. Mechanic's Lien

When to Use a Mechanic’s Lien

What Happens Without a Mechanic’s Lien?

Other Mechanic’s Lien Documents

How to Fill Out a Mechanic’s Lien Form

Step 1 – Provide Parties’ Information

Filing a Mechanic's Lien on Someone Else's Behalf

Step 2 – Reference the Original Contract

Step 3 – State the Unpaid Balance

Step 4 – Name the Claim’s Assignee

Step 5 – Clarify the Notice Given

Step 6 – Give Verification Details

Step 7 – Sign & Notarize

Step 8 – Ensure Adherence to State Laws

Mechanic’s Lien Sample

Free Mechanic's Lien Form

What Is a Mechanic’s Lien?

Payment Bond vs. Mechanic's Lien

When to Use a Mechanic’s Lien

What Happens Without a Mechanic’s Lien?

Other Mechanic’s Lien Documents

How to Fill Out a Mechanic’s Lien Form

Step 1 – Provide Parties’ Information

Filing a Mechanic's Lien on Someone Else's Behalf

Step 2 – Reference the Original Contract

Step 3 – State the Unpaid Balance

Step 4 – Name the Claim’s Assignee

Step 5 – Clarify the Notice Given

Step 6 – Give Verification Details

Step 7 – Sign & Notarize

Step 8 – Ensure Adherence to State Laws

Mechanic’s Lien Sample