A contractor completes a $12,000 bathroom remodel on June 1st. No preliminary notice was served. What is the deadline to file a mechanics lien?
Correct Answer
D) August 30th
Even without a preliminary notice, the contractor has 90 days from completion (June 1st) to file a mechanics lien, making the deadline August 30th. However, the lien amount may be limited without proper notice.
Why This Is the Correct Answer
Under California Civil Code Section 8412, a direct contractor has 90 days from completion of the work (or from the date a notice of completion or cessation is recorded) to record a mechanics lien. Counting 90 days from June 1st lands on August 30th. Critically, direct contractors are exempt from the preliminary notice requirement — they can still file a mechanics lien even without serving a preliminary notice, though the lien amount may be affected in some circumstances.
Why the Other Options Are Wrong
Option A: July 1st
July 1st is only 30 days after June 1st — far too early to be the deadline, and 30 days is not a standard mechanics lien recording deadline for direct contractors on private projects.
Option B: July 31st
July 31st is 60 days after June 1st, which corresponds to the deadline for subcontractors and material suppliers when a notice of completion has been recorded — not for direct contractors, and not in this scenario where no notice of completion is mentioned.
Option C: Cannot file lien without preliminary notice
This is a dangerous distractor. Direct contractors are explicitly exempt from the preliminary notice requirement under Civil Code Section 8200. Failing to serve a preliminary notice does not bar a direct contractor from recording a mechanics lien. Subcontractors and suppliers lose lien rights without preliminary notice, but not direct contractors.
Memory Technique
90 days = 3 months = roughly the end of the third month after completion. June 1 + 3 months = September 1, but subtract a day for the 90-day count = August 30th. Visualize a summer construction project: finish in June, lien deadline hits just before summer ends.
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