Under California Civil Code Section 3247, what specific lien rights does a general contractor retain when payment is not received for work performed on a construction project?
Correct Answer
B) A mechanics lien that must be recorded within 90 days of completion of work of improvement
California Civil Code Section 3247 establishes that a general contractor must record their mechanics lien within 90 days after completion of the work of improvement. This timeframe is critical for preserving lien rights and differs from the 30-day deadline that applies to subcontractors and suppliers under Civil Code Section 3248.
Why This Is the Correct Answer
California Civil Code Section 3247 grants general contractors the right to record a mechanics lien, and the deadline is 90 days after completion of the work of improvement. This 90-day window is specific to general contractors (prime contractors). Missing this deadline extinguishes the lien right entirely, so knowing the exact timeframe is essential for protecting payment.
Why the Other Options Are Wrong
Option A: A mechanics lien that must be recorded within 60 days of project completion
A 60-day recording deadline applies to subcontractors and material suppliers (Civil Code Section 3248), not to general contractors. Confusing the 60-day and 90-day deadlines is one of the most common errors on California contractor exams.
Option C: A supplier's lien that expires 120 days after final payment is due
There is no 'supplier's lien' category in California mechanics lien law with a 120-day expiration tied to final payment. California lien law uses a unified mechanics lien framework with deadlines tied to completion of work, not to when final payment was due.
Option D: A contractor's lien that remains valid for 2 years from project start
A lien that remains valid for 2 years from project start does not describe any California mechanics lien deadline. California mechanics liens must be recorded within the statutory window after completion, not from project start, and the validity of a recorded lien is governed by a separate enforcement deadline (90 days after recording to file suit).
Memory Technique
General Contractor = 90 days. Sub/Supplier = 60 days. Remember it as: generals get more time (90 > 60) because they coordinate the whole project and may not know completion has occurred as quickly as a sub who finishes a discrete scope.
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