A subcontractor files a mechanics lien for $15,500 but later discovers the amount should be $18,200. The original lien was recorded 45 days after work completion. What can the subcontractor do?
Correct Answer
D) File an amended lien within the original 90-day period
A mechanics lien can be amended to correct the amount within the original 90-day filing period, as long as the amendment is filed before the deadline expires.
Why This Is the Correct Answer
California Civil Code allows a claimant to file an amended mechanics lien to correct errors, including errors in the claimed amount, as long as the amendment is filed within the original 90-day filing window. Since the original lien was recorded at day 45 (within the 90-day period), the subcontractor still has approximately 45 days remaining to file an amended lien for the corrected amount of $18,200.
Why the Other Options Are Wrong
Option A: The original lien amount cannot be changed
The original lien amount is not locked in stone. California law specifically allows amendments to correct errors, including monetary errors, within the filing period. Stating the amount cannot be changed overstates the finality of a recorded lien.
Option B: File a new lien for the additional $2,700
Filing a new, separate lien for only the additional $2,700 is not proper procedure. This approach would create two separate lien claims and could create confusion or legal complications. The correct remedy is to amend the existing lien for the full corrected amount.
Option C: Void the original lien and file a new one for the full amount
Voiding the original lien and filing a completely new one is not necessary. An amendment is the appropriate procedural tool and is less risky — voiding the original could create gaps in lien rights or arguments about timely filing if the new lien is challenged.
Memory Technique
Mechanics lien = 90-day window. Within that window, you can AMEND. Think of it like a tax return amendment — you can correct it before the deadline, not after. 45 days elapsed = 45 days left to fix it.
More California Questions
A homeowner signs a $15,000 home improvement contract on Monday at 2 PM at the contractor's office. Under California law, what is the latest time the homeowner can cancel the contract without penalty?
A swimming pool contract for $28,000 is signed on Wednesday at the customer's home. The contract includes proper cancellation notices. If the customer wants to cancel, they must do so by when?
Under California's prompt payment law, if a contractor submits a proper payment request to a property owner, payment is due within how many days?
A general contractor hires a subcontractor for $22,000. The general contractor receives payment from the owner but fails to pay the subcontractor within how many days, subjecting themselves to penalty interest?
Under California Civil Code Section 8180, when must a subcontractor serve a preliminary notice on a private work project?
Which of the following contracts is NOT subject to the 3-day right to cancel under California law?
A subcontractor completes roofing work on Tuesday, March 15th. The general contractor is paid by the owner on Friday, March 25th. Under California prompt payment laws, what is the latest date the general contractor must pay the subcontractor?
A contractor receives a progress payment of $18,000 from a property owner on Monday. The contractor owes subcontractors $12,000 of this amount. By what day must the contractor pay the subcontractors?
A swimming pool contractor enters into a $45,000 contract to install an in-ground pool. The contract includes a $5,000 down payment. What is the maximum down payment the contractor can legally collect under California law?
A contractor completes $15,000 worth of electrical work on a commercial building. The property owner disputes $3,000 of the charges. Under California prompt payment law, what amount must the owner pay within the required timeframe to avoid penalties?
People Also Study
Business & Financial Management
120 questions · 70% to pass
Contract Administration
60 questions · 70% to pass
Project Management
60 questions · 70% to pass