What is the deadline for recording a mechanics lien when NO notice of completion or cessation has been recorded on a private construction project under California Civil Code Section 8412?
Correct Answer
D) 90 days after completion of the work of improvement
California Civil Code Section 8412 establishes that when no notice of completion or cessation is recorded, mechanics liens must be recorded within 90 days after completion of the work of improvement. This is the standard deadline that applies absent any recorded notices.
Why This Is the Correct Answer
California Civil Code Section 8412 establishes that when neither a notice of completion nor a notice of cessation has been recorded by the owner, any claimant has 90 days from the date the work of improvement was completed to record a mechanics lien. This 90-day window is the default standard deadline under California law.
Why the Other Options Are Wrong
Option A: 120 days after completion of the work of improvement
120 days is not the correct period under Section 8412. This figure may be confused with extended deadlines in other lien-related contexts, but does not apply to the standard mechanics lien recording deadline.
Option B: 180 days after completion of the work of improvement
180 days (6 months) greatly exceeds the statutory deadline and would significantly undermine a project owner's ability to clear title in a timely fashion. This period does not appear in Section 8412.
Option C: 60 days after completion of the work of improvement
60 days is the deadline that applies when a notice of completion OR cessation HAS been recorded — specifically for direct contractors. Candidates often confuse the 60-day triggered deadline with the 90-day default deadline.
Memory Technique
Use the rule: 'NO notice = 90 days.' Count the Ns — No Notice = 9 (90 days). If notice IS recorded, the clock speeds up to 60/30 days.
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