Legal Question in Construction Law in California

For the preliminary notice, the mailing receipt together with the returned envelope is sufficient. For the mechanics lien it appears all you have to do is get a mailing receipt from the Post Office when you mail it, but I would recommend that you use the certified mail again and keep the receipt and the returned envelope if the owner does not sign for it.

Civil Code Section 3084 currently addresses the manner of service of the mechanic's lien, (although it is set to change on July 1, 2012, and will then be found at Civil Code Section 8416 with minor changes).

Generally, service of the mechanic's lien must be made by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the owner or reputed owner at the owner's or reputed owner's residence or place of business address, or at the address shown by the building permit on file.

HOWEVER, if the owner or reputed owner cannot be served by this method, then the notice may be given by registered mail, certified mail, or first-class mail, evidenced by a certificate of mailing, postage prepaid, addressed to the construction lender or to the original contractor.

You might notice that the language there says that notice "may" be given to the lender or original contractor, but if either of those entities exists, I would err on the side of caution and serve both of them. You may also want to do a little leg work and look at the building permit to see what address is listed there for the owner, and check with the County Recorder to see whether there is a construction deed of trust that identifies a construction lender. Also, it would help to keep track of any efforts you make.

If you haven't served a mechanic's lien in a while, you should make sure that your form strictly complies with all of the language in Civil Code Section 3084, including the "proof of service affidavit" and "Notice of Mechanic's Lien -Attention!" sections, as those were added as requirements in January 2011.

If you need assistance with the lien or lawsuit to enforce the lien (which must be filed within 90 days of recording the lien), please feel free to contact me.