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Property Ownership Land Use ControlsEncumbrances_and_liensMEDIUM

A subcontractor in California completes plumbing work on a residential remodel on March 1. The general contractor does not pay the subcontractor. The property owner records a Notice of Completion on March 15. What is the deadline by which the subcontractor must record a mechanics' lien?

Correct Answer

B) 30 days after the owner records the Notice of Completion

Civil Code section 8414 gives a claimant other than the direct contractor until the earlier of 90 days after completion of the work of improvement or 30 days after the owner records a notice of completion or cessation. The owner recorded on March 15, so the 30-day branch controls and the subcontractor has until April 14. Other choices: 30 days from the subcontractor's own last day is the right length measured from the wrong event, since the clock runs from the owner's recording; 60 days after the notice is the direct contractor's deadline under section 8412, not a subcontractor's; and the 90-day branch applies only where no notice of completion or cessation is recorded.

Answer Options
A
30 days after the subcontractor completes their own scope of work
B
30 days after the owner records the Notice of Completion
C
60 days after the owner records the Notice of Completion
D
90 days after the subcontractor's last day of work, regardless of any Notice of Completion

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Related Topics & Key Terms

Key Terms:

mechanics_liensubcontractor60_day_deadlinenotice_of_completionCivil_Code_8414

Related Concepts

Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.

A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.

A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.

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