Mechanics lien vs. stop payment notice

California gives unpaid subcontractors and suppliers more than one remedy. The two big ones are the mechanics lien and the stop payment notice — and they go after completely different targets. Understanding the difference helps you pick the right tool, or use both.

What a mechanics lien does

A mechanics lien attaches to the real propertyitself. Recording it clouds the owner’s title, which can block a sale or refinance until you’re paid. It’s your claim against the dirt and the building.

What a stop payment notice does

A stop payment notice goes after the money, not the property. It tells the owner or the construction lender to set aside enough undisbursed project funds to cover your claim (Cal. Civ. Code §§ 8500–8560). When there’s still construction loan money left to disburse, freezing it can be more effective than a lien.

Key differences

• Target — lien: the property. Stop payment notice: the project funds.
• Best when — lien: you want leverage on title. Stop payment notice: undisbursed funds (especially loan funds) remain.
• Bond — a stop payment notice to a construction lender generally requires a bond of 1.25× the claim (§ 8532); a lien does not.
• Preliminary notice — both generally require a timely preliminary notice.

You don’t always have to choose. On a job with an active construction loan, a subcontractor may record a mechanics lien and serve a stop payment notice on the lender to pursue both the property and the funds.

This page is general information, not legal advice, and does not create an attorney–client relationship. California lien and notice deadlines are strict and fact-specific — “completion” alone can be triggered by actual completion, the owner’s occupancy or use, or a 60-day cessation of labor. Notice Harbor is not a law firm. Confirm any deadline that matters to your claim with a licensed California construction attorney.