An original contractor fails to pay a subcontractor $8,400 for completed electrical work. The subcontractor gave proper preliminary notice. How long does the subcontractor have to file suit to enforce their mechanics lien after recording it?
Correct Answer
B) 90 days
Under Civil Code Section 8460, an action to enforce a mechanics lien must be commenced within 90 days after recording the lien.
Why This Is the Correct Answer
Under Civil Code Section 8460, a claimant must file suit to enforce a mechanics lien within 90 days after recording the lien. Missing this deadline causes the lien to become unenforceable, regardless of the underlying debt.
Why the Other Options Are Wrong
Option A: 1 year
1 year is the statute of limitations for many contract claims, but it does not apply to enforcing a recorded mechanics lien. The lien has its own strict 90-day enforcement window under Civil Code Section 8460.
Option C: 6 months
6 months is not the correct timeframe. This may be confused with other construction law deadlines, such as the time to record a lien after project completion, but it does not apply to enforcement after recording.
Option D: 60 days
60 days is too short. While 60 days appears in lien law (e.g., some recording deadlines), the suit to enforce after recording must be filed within 90 days, not 60.
Memory Technique
Record the lien, then you have 90 days to sue. Think: '3 months or lose it.' After recording, the clock ticks loudly — 90 days, then the lien dies.
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