A contractor completes $8,500 worth of electrical work on a commercial building. The property owner fails to pay after 30 days. What is the deadline for the contractor to record a mechanics lien under California Civil Code?
Correct Answer
B) 90 days after completion
Under Civil Code Section 8416, a contractor must record a mechanics lien within 90 days after completion of the work of improvement.
Why This Is the Correct Answer
Under California Civil Code Section 8416, a direct contractor (prime contractor) must record a mechanics lien within 90 days after completion of the work of improvement. Missing this deadline extinguishes the lien right entirely, regardless of the amount owed.
Why the Other Options Are Wrong
Option A: 30 days after completion
30 days after completion is not the mechanics lien deadline for direct contractors. While some preliminary notice deadlines are shorter, the lien recording window for contractors who have directly contracted with the owner is 90 days from completion.
Option C: 60 days after completion
60 days is the mechanics lien deadline that applies to subcontractors and material suppliers (claimants who do not have a direct contract with the owner). A direct contractor, as in this scenario, has the longer 90-day window.
Option D: 120 days after completion
120 days exceeds the statutory deadline. No provision allows a 120-day lien recording period under California Civil Code for standard construction completion scenarios. Waiting 120 days would result in the lien right being lost.
Memory Technique
Remember: 'Direct = 90, Indirect = 60.' A direct contractor has a direct line to the owner and gets 90 days. A sub or supplier is one step removed and gets only 60 days. Think: the closer you are to the owner, the more time you get to file.
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Under California Civil Code Section 8000-9566, what is the maximum time limit for enforcing a recorded mechanics lien through legal action?