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A material supplier delivers $8,000 in lumber to a residential construction project on May 15th. No preliminary notice was served. What is the supplier's lien deadline?

Correct Answer

D) The supplier cannot file a lien without serving preliminary notice

On private projects, preliminary notice is generally required to preserve lien rights. Without proper notice, the supplier typically cannot file a valid mechanics lien.

Answer Options
A
July 15th (60 days from delivery)
B
August 13th (90 days from delivery)
C
June 4th (20 days from delivery)
D
The supplier cannot file a lien without serving preliminary notice

Why This Is the Correct Answer

Under California Civil Code Section 8200, a material supplier on a private construction project must serve a Preliminary Notice (also called a 20-day notice) on the owner, general contractor, and construction lender within 20 days of first furnishing materials. Failure to serve this notice forfeits the right to file a mechanics lien. Without preliminary notice, the supplier has no lien rights — no deadline applies because no valid lien can be filed.

Why the Other Options Are Wrong

Option A: July 15th (60 days from delivery)

July 15th (60 days) is not the correct lien deadline for material suppliers. Even if it were — and the actual deadline for subcontractors/suppliers after completion is typically 30 days after notice of completion or 90 days after completion — this calculation is irrelevant because preliminary notice was never served, eliminating lien rights entirely.

Option B: August 13th (90 days from delivery)

August 13th (90 days) reflects the maximum lien period from project completion in certain scenarios. However, this date calculation is irrelevant because without preliminary notice on a private project, the supplier has forfeited their right to lien regardless of the timeframe.

Option C: June 4th (20 days from delivery)

June 4th (20 days from delivery) is the deadline to serve preliminary notice — not the lien filing deadline. Confusing these two dates is a common error. The 20-day window is for serving the preliminary notice; the lien filing deadline is separate. But since the preliminary notice was not served at all, this date is now moot.

Memory Technique

Think of preliminary notice as a 'ticket to lien.' Without the ticket (20-day notice), you can't get into the lien 'venue' no matter when you show up. The 20-day clock starts at first delivery — missing it means no lien rights at all.

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