A general contractor must record a mechanics lien claim within how many days after completion of a work of improvement under California Civil Code Section 8412?
Correct Answer
B) 90 days
California Civil Code Section 8412 requires a mechanics lien to be recorded within 90 days after completion of the work of improvement. For direct contractors, completion is determined by actual completion, cessation of labor, or acceptance by the owner. Missing this deadline results in loss of lien rights.
Why This Is the Correct Answer
California Civil Code §8412 gives a direct contractor 90 days from completion of the work of improvement to record a mechanics lien. 'Completion' is defined broadly — it can be actual completion, cessation of labor for a continuous 60-day period, or acceptance by the owner. Failing to record within 90 days permanently extinguishes the lien right.
Why the Other Options Are Wrong
Option A: 120 days
120 days is not the deadline for a direct contractor under §8412. This number may be confused with other California notice periods or with deadlines for subcontractors under different sections. The direct contractor deadline is 90 days.
Option C: 60 days
60 days is the deadline for subcontractors and material suppliers under §8414, not for direct contractors. This is the most common wrong answer because candidates confuse the two deadlines.
Option D: 75 days
75 days is not a statutory period under California lien law. It does not correspond to any deadline in the Civil Code's mechanics lien framework.
Memory Technique
Direct Contractor = 90 days. Sub/Supplier = 60 days. Remember: the GC has the biggest role and gets the most time — '90 for the boss, 60 for the subs.' Or think: 9-0 = GC goes first with 9 (multiplied by 10).
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