A California homeowner contracts with a general contractor for a $500,000 home renovation. The homeowner properly records a notice of completion on July 1. A subcontractor who served a valid preliminary 20-day notice records a mechanics' lien on September 5. Under California law, is the mechanics' lien valid?
Correct Answer
C) No, because the subcontractor exceeded the 60-day deadline after the notice of completion
Under California Civil Code §8414, a subcontractor must record a mechanics' lien within 60 days after the owner records a notice of completion. The notice of completion was recorded on July 1, giving the subcontractor until August 30 (60 days). The subcontractor recorded on September 5, which is 66 days after the notice of completion — exceeding the 60-day deadline. Therefore, the mechanics' lien is invalid and unenforceable.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
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