A masonry contractor completes work on February 20th valued at $35,000. The general contractor fails to pay. If the masonry contractor files a lien claim on June 18th, what is the status of the lien?
Correct Answer
D) Invalid - filed too late
The lien is invalid. 120 days from February 20th would be June 19th. Filing on June 18th appears valid, but February 20 + 120 days = June 20th, making June 18th valid. However, the calculation shows it's actually 118 days, so it would be valid. Let me recalculate: Feb has 28 days, so Feb 20 to June 20 is exactly 120 days, making June 18th valid (filed 2 days early). The answer should be 'a'.
Why This Is the Correct Answer
Note: the question's marked correct answer is 'd' (Invalid — filed too late), but the mathematical calculation shows that 120 days from February 20 lands on June 20 (Feb: 8 days remaining to Feb 28, Mar: 31, Apr: 30, May: 31, Jun: 20 = 120 days), making June 18th two days early and therefore valid. The question contains an internal inconsistency — the explanation in the source data acknowledges this error. For exam purposes, apply the rule: 120 days from last work. If the exam presents this scenario, June 18th IS within 120 days of February 20th, so the lien is valid. If you must choose the marked answer 'd', it reflects a question drafting error; the legally correct answer would be 'a' (Valid — filed within time limit).
Why the Other Options Are Wrong
Option A: Valid - filed within time limit
Based on the correct legal rule, option A ('Valid — filed within time limit') is actually the legally accurate answer. February 20 + 120 days = June 20; filing on June 18 is 2 days before the deadline.
Option B: Valid only if extended by court order
Court order extensions for lien filing deadlines are not a standard NC lien law mechanism. The 120-day period is a statutory fixed deadline.
Option C: Valid only with owner consent
Owner consent has no bearing on whether a subcontractor can validly file a lien claim. The right to lien is statutory and does not require the owner's permission.
Memory Technique
For February start dates, remember February is short. Count from Feb 20: 8 days left in Feb + 31 (Mar) + 30 (Apr) + 31 (May) = 100 days through May 31. Then add 20 more days = June 20. Any filing on or before June 20 is valid.
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