Legal Question in Construction Law in California

The rules are a bit different for contractors who are directly in contract with you, subcontractors, and material or equipment suppliers.

Assuming you're referring to a contractor directly in contract with you, the lien arises as unpaid services are performed, and is perfected by recording a mechanic's lien document with the county recorder. The next step (if the lien is not satisfied by payment) would be for the contractor to enforce the lien by filing a lawsuit against you, which must be done within a certain time frame, usually 90 days, or the lien becomes unenforceable. Look upand read Civil Code section 3144 for particulars.

There is a procedure for obtaining a decree releasing the property from the lien, set forth at Civil Code section 3154, but isince by the time you could use the 3154 procedure the lien will have become unenforceable anyway, there's little point in taking the action, in my opinion.

Be careful to distinguish between the concepts of "perfecting" and "enforcing" the lien. The first is done by recording it; the latter is done by bringing a lawsuit.

I disagree that it is not worth taking action. Leaving the lien lying around could screw up future sales or refinancing, even when it has no validity at all. If an enforcement action has not been filed in time, demand release of the lien. If they refuse, you should hire an attorney to remove it. Code provides for the contractor to pay your attorneys fees to remove an invalid lien.