New Mechanics' Liens Notice and Service Law, Effective January 1, 2011

California law governing mechanics' liens was amended and imposes on mechanic's lien claimants new content and notice requirements for preparation, service, and recordation of their lien claims. Effective January 1, 2011, CC §3084(a)(6)-(7), requires that a recordable claim of lien or mechanic's lien contain the following in addition to existing requirements:

• Specific statutory language in boldface type entitled "Notice of Mechanics' Lien," reproduced in full in the form available in §3.103 of CEB's California Mechanics' Liens and Related Construction Remedies (3d ed Cal CEB 1998); and
• Affidavit of proof of service on the owner or reputed owner.

Commercially prepared lien claim forms, which claimants often use, are now obsolete. Counsel should ensure that any preprinted form meets the new requirements of CC §3084. For a copy of the legislation, go to: www.leginfo.ca.gov/pub/09-10/bill/asm/ab_0451-0500/ab_457_bill_20090806_chaptered.html. For full discussion of the new law, see Mechanics' Liens §§3.45-3.46.

The recordation of a lis pendens for a suit to foreclose a mechanic's lien is also mandatory beginning January 1, 2011. CC §3146. Before that date, recordation is discretionary but should be done to preserve the lien priority. The lis pendens must be recorded within 20 days after filing of the foreclosure action, but it is best to record it immediately after the action is filed. See CC §3146. See also CCP §§405-405.61; Mechanics' Liens §3.75.

The class of potential mechanic's lien claimants that must follow the new law as of January 1, 2011, is very broad. See, e.g., United Rentals Northwest, Inc. v Snider Lumber Prods. (2009) 174 CA4th 1479, 95 CR3d 471 (allowed demolition contractor mechanic's lien claim for removal of buildings). On classes of potential claimants, see Mechanics' Liens, chap 2.