A homeowner discovers defective work 18 months after a contractor completed a kitchen remodel. Under California Civil Code, what is the statute of limitations for filing a mechanics lien for this work?
Correct Answer
A) The lien deadline passed 15 months ago
Mechanics liens must be recorded within 90 days of completion of work. After 18 months, the deadline passed 15 months ago (18-3=15).
Why This Is the Correct Answer
A mechanics lien must be recorded within 90 days of completion of work (or 60 days after a notice of completion is filed). At 18 months post-completion, the lien deadline expired roughly 15 months ago (18 months minus the 3-month / 90-day window = 15 months ago). The lien remedy is completely time-barred.
Why the Other Options Are Wrong
Option B: The lien deadline passed 3 months ago
The lien deadline did not pass just 3 months ago. At 18 months post-completion, the 90-day lien window closed 15 months ago, not 3 months ago. This answer misapplies the timeline.
Option C: The lien deadline passed 6 months ago
The lien deadline did not pass 6 months ago. Some students confuse the 90-day lien recording deadline with a 6-month window (which does not exist for mechanics liens in this context). The math is 18 months minus 3 months = 15 months ago.
Option D: The lien deadline has not passed
The lien deadline has definitively passed. At 18 months, the homeowner is well beyond the 90-day mechanics lien window. Defective workmanship may still be pursued through other legal theories (e.g., breach of contract, negligence), but not via a mechanics lien.
Memory Technique
Mechanics lien = 90 days from completion (not from discovery). Think '90 days to preserve your pay.' After that window, no lien β only other lawsuit theories remain.
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