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Insurance & Liens

198 questions
101. A prime contractor is named an additional insured on a subcontractor's CGL policy. The practical benefit to the prime is that:
a.The prime's premiums are paid by the sub's insurer
b.The prime no longer needs a liability policy of its own
c.The prime automatically becomes the policyholder
d.The sub's insurer may defend and indemnify the prime✓

Additional insured status extends the subcontractor's coverage to the prime for liability arising out of the subcontractor's operations, so the sub's insurer may owe the prime a defense and indemnity for those claims. (b) is the dangerous error: the coverage reaches only the sub's work, is capped by the sub's limits, and is subject to the sub's exclusions, so the prime's own exposures remain uninsured. (c) confuses being insured with owning the policy — the subcontractor buys it, controls it, and can let it lapse, which is why the prime asks for the endorsement and for notice of cancellation. (a) has nothing to do with the endorsement.

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102. Which statement best distinguishes a SURETY BOND from an INSURANCE policy?
a.A bond is a three-party guarantee, and the surety recovers from the principal✓
b.A bond transfers the principal's own loss to the surety, as insurance does
c.Insurance is the three-party arrangement, with the insurer recovering from the insured
d.A bond pays the principal directly, while insurance pays the injured third party

Suretyship involves three parties — principal, obligee, surety — and the surety guarantees the principal's obligation to the obligee, with a right of indemnity back against the principal. Insurance is a two-party transfer in which the insurer absorbs the insured's fortuitous loss and does not seek reimbursement. (b) describes insurance and labels it a bond, which is why contractors are surprised when a surety pursues them after paying a bond claim. (c) simply reverses the two definitions. (d) reverses who gets paid: the bond pays the obligee, and liability insurance defends and indemnifies the insured.

103. An indemnity (hold-harmless) clause in a construction subcontract typically operates to:
a.Transfer the project's schedule and delay risk
b.Remove any need for either party to carry insurance at all
c.Waive the owner's right to a mechanics lien release
d.Shift specified liability from indemnitee to indemnitor✓

An indemnity or hold-harmless clause reallocates liability: the indemnitor promises to answer for, and usually to defend, specified claims that would otherwise fall on the indemnitee. It is a contractual device, normally backed by insurance, and it is bounded by Civil Code §2782, which voids indemnity for the promisee's own sole negligence or willful misconduct, and by §2782.05, which restricts a subcontractor's indemnity of a general contractor's active negligence. (a) describes a delay or liquidated damages clause. (b) inverts the usual pairing, since a promise to indemnify is only as good as the indemnitor's balance sheet, which is why insurance is required alongside it. (c) belongs to the lien law and cannot be achieved by an indemnity clause.

Civ. Code §2782 / §2782.05
104. A recorded mechanics lien claim in California must include, among other things, a statement of the claimant's demand, the name of the owner, a description of the site, and:
a.A copy of the recorded preliminary notice the claimant served earlier
b.A copy of the signed contract the claim arises out of
c.A proof of service affidavit showing the owner was served✓
d.A copy of the building permit issued for the work

Civil Code §8416 requires the claimant to serve the owner with the lien and the statutory Notice of Mechanics Lien, and to record a proof of service affidavit with the lien; without it the lien is unenforceable. (a) is the most attractive wrong answer and fails on two counts — the preliminary notice is served rather than recorded, and it is not attached to the lien. (b) confuses proof of the debt with the recorded claim; the contract is evidence in the foreclosure action, not a recording requirement. (d) has no place in the lien statute at all.

Civil Code §8416
105. Under current California law, a mechanics lien is generally NOT enforceable unless the claimant:
a.Files the foreclosure action within ten days of recording the lien
b.Serves the lien and the Notice of Mechanics Lien, with its proof✓
c.Posts a surety bond equal to the amount claimed in the lien
d.Obtains the owner's written acknowledgement of the amount owed

Civil Code §8416 conditions enforceability on serving the owner or reputed owner with a copy of the lien and the statutory Notice of Mechanics Lien, and recording a proof of service affidavit with it. (a) borrows the §8460 deadline and shrinks it — the claimant has 90 days after recording to sue, not ten. (c) reverses who bonds: the 125 percent bond under §8424 is the owner's tool for clearing the lien from title, not a claimant's prerequisite. (d) would make the lien consensual, which defeats its purpose as a statutory security a claimant can assert without the owner's agreement.

Civil Code §8416
106. An owner learns that a tenant has ordered work on the property without the owner's authorization. To limit exposure to mechanics liens, the owner records and posts:
a.A stop payment notice served on that tenant
b.A preliminary notice given to the contractor
c.A notice of completion recorded at the finish
d.A notice of non-responsibility, verified✓

Civil Code §8444(a) lets an owner of the property, or a person claiming an interest in it, that did not contract for the work of improvement give notice of nonresponsibility; it must be signed and verified, state the nature of the owner's title or interest, name any purchaser under contract or lessee known to the owner, and state that the person giving it is not responsible for claims arising from the work. §8444(e) is the trap: the notice is ineffective unless, within 10 days after the owner learns of the work, the owner BOTH posts it on the site and records it. (a) and (b) are claimants' instruments, not an owner's. (c) is the owner's completion filing, which shortens the deadlines in §8412 and §8414 but disclaims nothing.

Civ. Code §8444
107. To be effective, a Notice of Non-Responsibility must generally be posted on the property and recorded within how many days after the owner obtains knowledge of the work of improvement?
a.10 days✓
b.30 days
c.3 days
d.5 days

Under Civil Code §8444, an owner must post the notice of non-responsibility in a conspicuous place on the property and record it within 10 days after first having knowledge of the work of improvement to disclaim responsibility for liens.

Civ. Code §8444
108. Which event does NOT constitute 'completion' of a work of improvement for purposes of starting mechanics lien deadlines on a private project?
a.Cessation of labor for a continuous period of 60 days
b.Occupation or use by the owner accompanied by cessation of labor
c.Actual completion of the work of improvement
d.The contractor mailing its final invoice to the owner✓

Civil Code §8180 defines completion to include actual completion, occupation/use plus cessation of labor, acceptance by the owner, or cessation of labor for 60 continuous days. Merely mailing a final invoice is not a statutory completion event.

Civ. Code §8180
109. A 'notice of cessation' may be recorded by an owner when labor has ceased on the work of improvement for a continuous period of at least:
a.6 months
b.90 days
c.30 days✓
d.60 days

Under Civil Code §8188, an owner may record a notice of cessation after labor has ceased for a continuous 30-day period. Recording it shortens the lien-recording deadlines for claimants (30 days for others, 60 for the direct contractor), similar to a notice of completion.

Civ. Code §8188
110. The party who purchases a surety bond and whose performance is guaranteed is called the:
a.Beneficiary
b.Principal✓
c.Obligee
d.Surety

In a surety bond, the principal is the party whose obligation is guaranteed (e.g., the contractor). The obligee is the party protected (e.g., the owner or public agency), and the surety is the company issuing the bond and guaranteeing the principal's performance.

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111. On a bond, the party who is protected and can make a claim if the principal defaults is the:
a.Obligee✓
b.Underwriter
c.Principal
d.Surety

The obligee is the party for whose benefit the bond is written and who may make a claim if the principal fails to perform. On a public works performance bond, the public agency is the obligee; on a payment bond, unpaid subs and suppliers are protected.

112. An owner or contractor who wants to remove a recorded mechanics lien from title while still disputing the claim may record a:
a.Lien release bond, generally in 125 percent of the lien amount✓
b.Stop payment notice, directing the lender to withhold that amount
c.Notice of completion, which cuts the claimant's deadline to 30 days
d.Notice of non-responsibility, disclaiming the owner's interest in the work

Civil Code §8424 lets an owner, contractor, or anyone with an interest record a surety bond of 125 percent of the lien to free the title; the claimant's remedy then runs against the bond instead of the property. (b) points the wrong direction — a stop payment notice is a claimant's remedy that traps funds, not an owner's tool for clearing title. (c) is a real instrument with a real effect on deadlines under §8414, but it does nothing about a lien already recorded. (d) addresses work ordered by a tenant or other non-owner, and cannot remove a lien that has already attached.

Civil Code §8424
113. The 20 days for serving a preliminary notice run from the date the claimant:
a.Records its claim of lien with the county recorder
b.First furnishes labor or material to the work✓
c.Receives its first progress payment on the job
d.Signs its subcontract with the direct contractor

Civil Code §8204(a) requires the preliminary notice to be given not later than 20 days after the claimant has first furnished work on the work of improvement, and a claimant who gives it later may claim only for work provided within the 20 days before service and afterwards. (d) is the most attractive wrong answer, since a subcontract is often signed weeks before anyone mobilizes and the statute counts furnishing rather than signing. (c) reverses the purpose of the notice, which is served before there is any payment problem. (a) confuses the two instruments: the notice comes first, and §8410 makes it a condition of enforcing the lien that is recorded later.

Civ. Code §8204(a)
114. Which of the following is the BEST reason a general contractor requires subcontractors to name it as an additional insured and provide certificates of insurance?
a.It removes the general contractor's own duty to carry liability coverage
b.It gives the general contractor priority over the sub's lien claims
c.It makes the sub's insurer pay the general contractor's comp claims
d.It shifts liability from the sub's work onto the sub's insurer✓

Additional insured status gives the upstream party defense and indemnity under the downstream party's policy for claims arising out of that party's work, and the certificate documents that the coverage was placed. (a) is the dangerous version of the idea: risk transfer supplements the general contractor's own coverage and never replaces it, and its own insurer will still be looking at the claim. (b) mixes insurance with lien priority, which is fixed by the mechanics lien statute and not by an endorsement. (c) crosses two lines of coverage — employee injuries are handled by each employer's workers' compensation policy, which additional insured status does not touch.

115. A contractor illegally carries no workers' compensation insurance and an employee is injured. The employee may:
a.Collect only from the CSLB's contractor recovery fund
b.Be held strictly to the workers' compensation schedule
c.Sue the employer at law, where its negligence is presumed✓
d.Recover nothing at all, coverage being absent here

Labor Code §3706 lets an employee of an employer that failed to secure the payment of compensation bring an action at law for damages as if the workers' compensation division did not apply, and §3708 presumes the injury was a direct result of the employer's negligence, places the burden of rebutting that on the employer, and strips the defenses of contributory negligence, assumption of risk, and negligence of a fellow servant. §3700.5 adds misdemeanor exposure. (a) invents a recovery fund California does not maintain for contractors, which is why the §7071.6 bond matters. (b) is the exclusive-remedy bargain the employer forfeits by going uninsured. (d) inverts the consequence of being uninsured.

Lab. Code §3706 / §3708 / §3700.5
116. A licensed contractor's required workers' compensation coverage lapses. What is the direct consequence?
a.The license is suspended by operation of law✓
b.Nothing happens at all, unless someone is injured
c.The license fee is refunded for the uncovered period
d.A 90-day grace period runs, with no consequence

B&P §7125.2 suspends the license automatically, by operation of law, effective on the earlier of the date the coverage lapsed or the date coverage was required to be obtained; work performed during the suspension is unlicensed work, with the §7031 collection bar and disgorgement exposure that follows. (d) borrows the 90 days from §7071.7, which lets the Registrar accept a BOND as of its effective date if it arrives within 90 days — there is no such grace period for insurance. (b) is the no-harm-no-foul belief, and the suspension does not wait for an injury. (c) is not a remedy anywhere in the chapter.

B&P Code §7125.2(a)
117. A material supplier who furnishes materials to a subcontractor (not to the owner directly) preserves its mechanics lien rights by serving a preliminary notice on:
a.Only the subcontractor that ordered and received the materials
b.The subcontractor and the direct contractor, but not the owner
c.The owner, the direct contractor, and any construction lender✓
d.The owner alone, since the lien attaches to the owner's property

Having no direct contract with the owner, the supplier falls under Civil Code §8200 and must serve the owner or reputed owner, the direct contractor, and the construction lender if there is one. (a) is the error suppliers actually make — notifying the customer they invoiced, which preserves nothing. (b) stops one link short of the owner, and the owner is the party whose property is at risk. (d) is incomplete in the way that costs the most: without notice to the lender the supplier loses the bonded stop payment notice against undisbursed loan funds.

Civil Code §8200
118. A performance bond on a construction project primarily guarantees to the obligee that:
a.Subcontractors and suppliers will all be paid
b.The owner's construction financing is approved
c.The contractor carries workers' compensation
d.The contractor will complete the work as agreed✓

A performance bond runs to the obligee — usually the owner or the public entity — and guarantees performance of the contract; if the contractor defaults, the surety may complete the work itself, tender a replacement contractor, or pay damages up to the penal sum of the bond. (a) is the payment bond's job, and the two are usually bought together: on private work Civil Code §8608 fixes who may claim on it, and on public work §9550(a) requires one on any contract over $25,000. (b) is the lender's decision, which no surety guarantees. (c) is a separate statutory duty under B&P §7125 and Labor Code §3700.

Civ. Code §8608 / §9550(a)
119. Which of the following is generally NOT covered by a standard Commercial General Liability policy?
a.Property damage to a neighbor's fence caused by the contractor
b.Legal defense costs for a covered third-party claim
c.Bodily injury to a passerby caused by the contractor's operations
d.The cost to repair the contractor's own defective workmanship✓

CGL policies typically exclude the cost of repairing the insured contractor's own defective work (the 'your work' exclusion), while covering resulting third-party bodily injury and property damage plus defense costs. Faulty-work repair is a business risk, not an insured peril.

120. Commercial auto insurance for a contractor is primarily intended to cover:
a.Damage to the building itself while under construction
b.Liability and damage from the contractor's vehicles✓
c.Theft of the hand tools from a jobsite trailer
d.Injuries to employees who work indoors only

Commercial auto responds to liability and physical damage arising from the contractor's owned, hired, and non-owned vehicles. (a) is builder's risk, which insures the work itself. (c) is inland marine or a tools and equipment floater. (d) is workers' compensation. The overlap worth knowing: when an employee is hurt driving for work, the employee's own injury is a workers' compensation claim while the other driver's injuries are the auto liability claim — one accident, two policies.

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121. A claimant recorded a mechanics lien and did nothing further for four months. What is the status of the lien?
a.It has become a judgment lien against the owner's property
b.It has expired, no action having been filed in 90 days✓
c.It remains enforceable for a year from the recording date
d.It has converted itself into a stop payment notice

Civil Code §8460(a) requires the claimant to commence an action to enforce the lien within 90 days after the claim of lien is recorded, and provides that the lien otherwise expires and is unenforceable; four months is past the deadline. (c) uses a real figure from the wrong subdivision: §8460(b) extends the deadline only where the claimant and owner agreed to extend credit and recorded notice of it, and even then no later than one year after completion. (a) and (d) invent conversions the statute does not provide — a judgment lien needs a judgment, and a stop payment notice is a separate remedy that must be given while undisbursed funds remain.

Civ. Code §8460(a)-(b)
122. A subcontractor recorded a mechanics lien but never served a copy on the owner and did not attach a proof of service affidavit. The likely result is:
a.The lien deadline is extended by 30 days
b.The lien is fully valid
c.The subcontractor may still enforce it if the owner had actual knowledge
d.The lien is unenforceable due to the service defect✓

Civil Code §8416 makes service of the lien on the owner and inclusion of a proof of service affidavit conditions of enforceability. Failure to serve the owner and attach proof of service renders the recorded lien unenforceable regardless of actual knowledge.

Civ. Code §8416
123. A subcontractor asks to be added as an 'additional insured' on the general contractor's CGL policy. From a risk-management standpoint, this request is:
a.Prohibited, since a CGL policy may name only one insured entity
b.Standard, because every sub on a job is an insured under the prime's policy
c.Required, because the mechanics lien statute conditions lien rights on it
d.Backwards, since the upstream party is normally named on the sub's policy✓

Risk flows upward in construction insurance: the owner and general contractor are named as additional insureds on the subcontractor's policy, so that liability arising from the sub's work is answered by the sub's insurer. A sub asking to be added to the prime's policy asks for the reverse. (a) is simply false — a CGL policy can carry many additional insureds by endorsement. (b) confuses being on the same job with being on the same policy. (c) is a category error; the mechanics lien statute says nothing about insurance.

124. Which best describes who must carry workers' compensation insurance?
a.Only contractors performing public works
b.Every employer that has one or more workers✓
c.Only contractors with five or more workers
d.Only contractors whose workers are unionized

Labor Code §3700 requires every employer except the state to secure the payment of compensation, either by insuring with a carrier authorized to write it in California or by obtaining a certificate of consent to self-insure from the Director of Industrial Relations; one employee is enough, and there is no small-employer exception. For licensed contractors the license law adds to that: B&P §7125 requires a current certificate of workers' compensation insurance or of self-insurance on file, and even a licensee with no employees must carry it if it holds a C-8, C-20, C-22, C-39 or D-49 classification. From January 1, 2028 (SB 216, as postponed by SB 1455 (Stats. 2024, ch. 485)) every licensee must, except a joint venture licensed under §7029 that employs nobody. (c) is a threshold some other states use and California does not. (a) and (d) invent categories the statute has never drawn.

Lab. Code §3700 / B&P Code §7125 (as amended by SB 1455, Stats. 2024, ch. 485)
125. Compared to a mechanics lien, a key ADVANTAGE of a stop payment notice for a lower-tier claimant is that it:
a.Needs no bond, whoever the notice is served upon
b.Requires no preliminary notice, since it reaches money only
c.Reaches undisbursed funds without a foreclosure suit✓
d.Runs against the owner personally, beyond the unpaid funds

A stop payment notice traps money the owner or lender has not yet paid out, so the claimant is paid from the construction fund instead of having to sue to foreclose on and sell the owner's property. (a) is half-true and therefore the best trap: a notice given to the OWNER under §8520 needs no bond, and §8522(a) obliges the owner to withhold on receipt, but a notice that binds a construction lender must be accompanied by a bond of 125 percent of the claim under §8532. (b) is wrong — the same preliminary notice that preserves lien rights conditions the stop payment notice. (d) overstates the remedy: it reaches the fund, and an owner who has already properly disbursed everything has nothing left to withhold.

Civil Code §8520 / §8522(a) / §8532
126. A certificate of insurance shows a policy in force for a full year, but the insurer cancelled that policy the following week. The holder's coverage is:
a.Guaranteed for the entire year that the certificate states
b.Governed by the policy, so the cancellation controls✓
c.Extended by thirty days as a matter of law in every case
d.Transferred to the holder's own liability policy

A certificate of insurance is evidence of what was in force on the day it was issued; it is not part of the policy, it does not bind the insurer, and its own text usually says so. If the policy was properly cancelled, there is no coverage whatever dates the certificate carries. (c) is the 30-day notice-of-cancellation term that appears in contracts and in some endorsements — a promise to tell the holder that coverage is ending, not a promise of 30 more days of it, and not a rule of law. (a) is the certificate-as-contract error. (d) confuses the holder's own program with the contractor's; nothing transfers between policies.

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127. On a private remodel with no notice of completion recorded, the owner moves in and all labor stops. The 90-day lien clock runs from:
a.The date of the last progress payment
b.The date the building permit was issued
c.The date the construction contract was signed
d.Occupation by the owner with labor ceased✓

Civil Code §8180(a) lists the completion events: actual completion; occupation or use by the owner accompanied by cessation of labor; cessation of labor for a continuous period of 60 days; and recordation of a notice of cessation after labor has stopped for 30 days. Here the second applies, and because no notice of completion was recorded, §8412 gives the direct contractor 90 days from completion and §8414 gives every other claimant 90 days from it. (a), (b) and (c) are all real dates in the project record, and none of them starts a lien clock — which is why a claimant who counts from the last payment or from signing records too late.

Civ. Code §8180(a)(2) / §8412 / §8414
128. Why does an owner require the general contractor to furnish BOTH a performance bond and a payment bond?
a.To take the place of a written construction contract
b.To secure completion and payment down the chain✓
c.To lower the contractor's own insurance premiums
d.To satisfy the workers' compensation rule

The performance bond protects the obligee against non-completion; the payment bond protects subcontractors, laborers, and suppliers, and so protects the owner indirectly from claims against the property — and under Civil Code §8600 an owner who files the direct contract and records a payment bond of at least 50 percent of the price before work begins may have lien enforcement restricted to the bond. (a) confuses security for performance with the contract that creates the obligation. (c) reverses cause and effect: bonds are underwritten on the contractor's credit and do not reduce insurance premiums. (d) is a separate statutory duty under B&P §7125 and Labor Code §3700.

Civ. Code §8600 / §8608
129. In a hold-harmless agreement, the 'indemnitor' is the party that:
a.Issues the policy of liability insurance
b.Records the mechanics lien on the property
c.Is protected against the specified loss
d.Bears or reimburses the other's losses✓

The indemnitor is the promisor: it agrees to assume, defend, or reimburse the indemnitee's specified losses. (c) is the indemnitee, and reversing the pair is the whole substance of this item. (a) is the insurer, which performs a comparable economic function under a policy rather than under the construction contract, and which is often what stands behind the indemnitor's promise. (b) belongs to the lien law. How far the promise can go is limited by Civil Code §2782, which makes indemnity for the promisee's sole negligence or willful misconduct void and unenforceable in a construction contract.

Civ. Code §2782
130. Why serve the preliminary notice at the start of a project, when payment is still arriving on time?
a.Because it extends the deadline for recording a lien to a year
b.Because late service reaches back only 20 days before it is given✓
c.Because the law requires service before any contract is signed
d.Because it removes the need to record a claim of lien later

Civil Code §8204(a) lets a claimant who missed the 20 days give the notice later, but then limits the lien, stop payment notice, and payment bond claim to work provided within the 20 days before service and at any time afterwards. Serving at the start therefore protects the whole claim, and the value of doing so only becomes visible once a dispute arises over early work. (a) confuses the notice with the recording deadlines in §8412 and §8414, which the notice does not move. (c) invents a pre-contract requirement; the clock starts at first furnishing. (d) treats the notice as a substitute for the lien, when it is a precondition to it under §8410.

Civ. Code §8204(a)
131. Which statement about surety bonds is TRUE?
a.The principal is the party that the bond protects here
b.A bond is a two-party contract, like an insurance policy
c.The surety absorbs its losses, as an insurer does
d.The surety may recover its payment from the principal✓

Suretyship is a three-party arrangement — the principal whose obligation is guaranteed, the surety that guarantees it, and the obligee or statutory beneficiaries who may claim — and a surety that pays a valid claim has a right of indemnity against the principal and any indemnitors. (a) reverses the roles: the principal is the party guaranteed against, not the party protected. (b) counts two parties and then mislabels the instrument as insurance. (c) describes insurance, where premium income absorbs losses and the insurer has no claim back against its insured. In the license context, B&P §7071.11(e) requires the surety to notify the Registrar within 30 days of any payment on the bond.

B&P Code §7071.11(e)
132. A notice of completion was recorded on July 1. An unpaid drywall subcontractor wants to record a mechanics lien. The last day to record is approximately:
a.July 5
b.August 30 (60 days)
c.September 29 (90 days)
d.July 31 (30 days)✓

Under Civil Code §8414, once a notice of completion is recorded, a claimant other than the direct contractor must record within 30 days. Counting 30 days from July 1 lands at the end of July. Only the direct contractor would get 60 days.

Civ. Code §8414
133. The 'your work' exclusion in a CGL policy means the policy generally will NOT pay to:
a.Defend a third-party suit over the finished work
b.Cover damage to a neighbor's adjoining property
c.Cover a bystander's bodily injury on the site
d.Repair or replace the contractor's own defective work✓

The 'your work' exclusion keeps the cost of tearing out and redoing the insured's own faulty workmanship outside the liability policy, on the principle that quality is a business risk the contractor controls rather than a fortuity — that risk belongs to warranties, retentions, and performance bonds. Damage the faulty work causes to other property or to people can still be covered, subject to the policy's terms, which is why (b) and (c) remain insured losses and (a) is the defense duty that comes with them.

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134. A mechanics lien attaches to:
a.The owner's interest in the improved property and the improvement✓
b.The construction loan proceeds the lender has not yet disbursed
c.The direct contractor's interest in the prime contract's unpaid balance
d.The specific materials furnished, until the claimant is paid for them

A mechanics lien attaches to the work of improvement and to the interest of the owner who caused it to be constructed, which is what makes foreclosure and sale of that interest the claimant's ultimate remedy. (b) describes the target of a bonded stop payment notice, not a lien, and the two remedies are deliberately separate. (c) confuses a lien with an assignment of contract proceeds. (d) is the title-retention idea from sales law: once material is incorporated into the improvement, the claimant's security is the lien on the property, not the material.

Civil Code §8440 / §8442
135. Which document actually grants an owner additional insured status under the general contractor's liability policy?
a.An endorsement added to the policy itself✓
b.The certificate of insurance that was delivered
c.The contract clause that requires the status
d.The indemnity clause of the subcontract terms

Additional insured status comes from an endorsement issued by the insurer, because only the parties to the policy can change who it insures. (b) evidences coverage and expressly confers no rights. (c) obliges the contractor to obtain the endorsement, so a broken promise leaves the owner uninsured while it believes itself covered. (d) is a promise between the contracting parties that never touches the policy: it depends on the indemnitor's solvency, and Civil Code §2782 voids it to the extent it would indemnify a party for its own sole negligence or willful misconduct.

Civ. Code §2782
136. Willfully failing to secure the required workers' compensation insurance in California is:
a.A civil infraction, punished by a small fine
b.A misdemeanor, punished by a fine or by jail✓
c.Not penalized where the premiums are paid later
d.Permitted for an employer with two workers

Labor Code §3700.5 makes the failure to secure the payment of compensation, by someone who knew or should reasonably have known of the obligation, a misdemeanor punishable by up to one year in the county jail, or by a fine of up to double the premium that would have been due but not less than $10,000, or by both — with the §3722 penalty assessments, a stop order, and suspension of the license under B&P §7125.2 on top. (a) understates the grade of the offence. (c) is the catch-up belief: paying the premium later does not undo the period of non-coverage, during which §3706 and §3708 exposure also attached. (d) invents a headcount exemption §3700 has never contained.

Lab. Code §3700.5 / §3722
137. A subcontractor serves a stop payment notice on the private owner (not bonded). The owner is then obligated to:
a.Record the notice with the county recorder within ten days
b.Pay the subcontractor the claimed amount from the next draw
c.Withhold enough of the funds to answer the claim made✓
d.Disregard it, because only a bonded notice binds an owner

Civil Code §8522(a) requires an owner served with a stop payment notice to withhold from the direct contractor, or from anyone acting under the direct contractor's authority, a sufficient amount due or to become due to pay the claim stated in the notice. §8522(b) lets an owner that had already recorded a payment bond under §8600 decline to withhold, provided it notifies the claimant within 30 days and encloses a copy of the bond. (a) invents a recording duty; a stop payment notice is served, not recorded. (b) turns withholding into payment — the owner holds the money, and entitlement is settled later between the claimant and the direct contractor, with §8550 requiring the claimant's action no earlier than 10 days after giving the notice and no later than 90 days after the notice period closes. (d) imports the §8532 bond, which is required only for a notice that binds a construction lender. Note also that the allowance for the withholder's litigation costs is the PUBLIC works rule in §9358(a), not the private-works rule here.

Civil Code §8520 / §8522 / §8550
138. What is the relationship between a payment bond and subcontractors' lien rights on a private project?
a.The bond is only for the owner and helps no subcontractor
b.The bond replaces the preliminary notice a claimant must give
c.The bond extinguishes the subcontractors' lien rights
d.The bond adds the surety, alongside the lien and notice remedies✓

A payment bond gives lower-tier claimants a solvent surety to pursue in addition to the mechanics lien and the stop payment notice; §8608 gives that right to claimants who provided work to the direct contractor, directly or through subcontractors, and §8610 requires an action on a bond recorded before completion within six months after completion. (b) is the fatal shortcut: §8612(a) requires the same preliminary notice for a bond claim, with only the narrow late route in §8612(b). (c) overstates §8600, which lets a court restrict lien enforcement to the bond only where the owner filed the direct contract and recorded a bond of at least 50 percent of the price before work began. (a) misreads §8608 entirely.

Civ. Code §8608 / §8610 / §8612
139. A lien release bond recorded to clear a mechanics lien from title is written in what amount?
a.100 percent of the total amount claimed in the lien
b.200 percent of the amount claimed in that lien
c.125 percent of the amount claimed in the lien✓
d.50 percent of the amount claimed in the lien

Civil Code §8424(b) sets the lien release bond at 125 percent of the claim of lien, or 125 percent of the amount the lien allocates to the property being released, executed by an admitted surety and conditioned on payment of any judgment and costs the claimant recovers; on recordation the property is released from the lien and from any action to enforce it, and §8424(d) requires notice to the claimant, who must then sue on the bond within six months. (a) leaves nothing for the costs and interest the 25 percent margin is there to cover — 100 percent is the measure of the different bond in B&P §7071.17, which equals the unsatisfied judgment. (d) is the 50 percent ratio §8600 uses for an owner's recorded payment bond. (b) appears nowhere in this part; the other 125 percent figure is the bond that accompanies a stop payment notice to a lender under §8532.

Civ. Code §8424(b) / §8424(d)
140. Under the mechanics lien law, a 'direct contractor' is a contractor that:
a.Has a direct contractual relationship with the owner✓
b.Has its contractual relationship with a subcontractor
c.Only supplies the materials, under no contract at all
d.Works on public works projects and nothing else

Civil Code §8018 defines the direct contractor as a contractor that has a direct contractual relationship with an owner, and provides that a reference elsewhere to a 'prime contractor' means a direct contractor. The tier decides the rules that follow: §8412 gives the direct contractor 90 days after completion or 60 days after a recorded notice of completion to record a lien, while §8414 gives every other claimant 90 or 30; §8200(e)(2) excuses a claimant with an owner contract from serving anyone but the construction lender; and §8520 lets only claimants OTHER than the direct contractor give the owner a stop payment notice. (b) describes the tier below. (c) is a material supplier, which has a lien right under §8400(c) but no owner contract. (d) points at the public works title, where §9100(b) bars a direct contractor from the stop payment notice and the payment bond altogether.

Civ. Code §8018
141. A general liability policy written on a claims-made basis, rather than an occurrence basis, generally covers a claim only if:
a.The claim is both made and reported during the policy period✓
b.The injury happened in the policy period, whenever claimed
c.The premium for that period was paid in full and on time
d.The claimant served a preliminary notice on the insurer

A claims-made policy is triggered by the claim: it responds when the claim is first made against the insured and reported while the policy, or an extended reporting period, is in force, whatever the date of the underlying event. (b) is the occurrence trigger, and separating the two is the point of the item — an occurrence policy answers for injury that happened during its period even if the claim arrives years later. (c) is a condition of every policy rather than a coverage trigger. (d) transplants a mechanics lien step into insurance, where notice of a claim is governed by the policy's own conditions.

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142. An 'occurrence-based' CGL policy responds to a claim based on:
a.The date the claim is first made against the insured contractor
b.The date the contractor's work on the project was finally completed
c.The date the bodily injury or property damage actually took place✓
d.The date the insured first reported the incident to its insurer

An occurrence policy is triggered by when the bodily injury or property damage happened: if the damage occurred during the policy period, the policy responds even if the claim surfaces years after that policy expired. (a) states the claims-made trigger, which is the genuine alternative and the reason this distinction matters when a contractor switches policy forms. (b) is the completed-operations idea in the wrong place — completed operations describes what kind of exposure is covered, not when coverage attaches. (d) states a reporting condition, which is a duty under the policy and not the coverage trigger.

143. On a private project financed by a construction lender, a subcontractor who fails to serve the preliminary notice on the LENDER primarily loses the ability to:
a.Reach undisbursed loan funds through a bonded stop payment notice✓
b.Record a mechanics lien against the owner's interest in the property
c.Sue the party it contracted with for breach of the subcontract
d.Claim against the direct contractor's private-project payment bond

The lender is served so the claimant can later serve a bonded stop payment notice and trap loan funds the lender has not paid out; missing the lender forfeits that fund-based remedy. (b) survives if the owner and direct contractor were properly served, because the lien depends on notice to them. (c) never depended on any preliminary notice — contract rights against your own customer are unaffected. (d) is the closest trap: bond rights do track lien-notice requirements, but it is notice to the owner and direct contractor that supports them, not notice to the lender.

Civil Code §8200 / §8532
144. 'Subrogation' in insurance refers to:
a.The insurer's cancellation of a policy for non-payment of premium
b.The addition of another party as an insured under the policy
c.The insured's obligation to pay a deductible before coverage responds
d.The insurer's right, after it pays, to pursue the responsible party✓

Subrogation lets an insurer that has paid its insured's loss stand in the insured's place and recover from whoever caused it, which is why construction contracts so often include a mutual waiver of subrogation. (a) is cancellation, a separate policy right. (b) is additional insured status, which concerns who is protected rather than who may be pursued afterwards. (c) is the deductible, a retention borne by the insured. Each is a genuine insurance term, which is the point: the item tests whether the candidate can place them.

145. A waiver of subrogation clause between an owner and a contractor generally means:
a.The owner gives up its right to a finished project
b.The contractor gives up its mechanics lien rights
c.The insurer gives up all coverage for the loss
d.Their insurers will not pursue each other✓

Subrogation is the insurer's right, after paying its own insured, to step into the insured's shoes and recover from whoever caused the loss. A mutual waiver gives up that recovery, so an insured loss stays with the insurer that was paid to carry it and the project participants do not litigate against each other; it is commonly paired with builder's risk coverage. (c) is the misreading that matters: the coverage still responds, and it is only the insurer's onward claim that is waived. (a) and (b) waive substantive rights a subrogation clause does not touch, and a lien waiver in particular is valid only in the statutory form.

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146. A contractor who records a mechanics lien for an amount it knows is willfully overstated risks:
a.Nothing, because the court simply reduces the lien to the correct sum
b.A recording fee penalty only, with the lien enforceable as corrected
c.Losing the entire lien and being liable to the owner for damages✓
d.Having the lien reduced and the excess added to the payment bond claim

Civil Code §8422 makes a claim of lien void to the extent it includes work not provided or is willfully overstated, and the claimant can lose the lien altogether and face liability for the owner's resulting damages. (a) is the widespread and costly assumption that padding is free because a judge will simply trim it. (b) treats the consequence as a fee. (d) invents a transfer between remedies — overstating a lien does not move the surplus onto a bond, and a willfully false bond claim carries its own exposure.

Civil Code §8422
147. Separate from project insurance, the CSLB requires every active licensed contractor to maintain a 'contractor's bond' (contractor license bond). Its main purpose is to:
a.Indemnify the contractor against claims made by dissatisfied customers
b.Guarantee that the contractor will complete each project it undertakes
c.Cover bodily injury and property damage arising from the work
d.Give a limited protection to those harmed by the violations✓

The $25,000 bond required by B&P §7071.6 is a suretyship for the benefit of the people listed in §7071.5 — homeowners and property owners damaged by a violation, anyone damaged by a willful violation or fraud, and employees owed wages or fringe benefits. (a) reverses the direction of the protection, and in fact the surety may seek indemnity from the contractor after paying. (b) describes a performance bond, which is project-specific and sized to the contract. (c) describes commercial general liability insurance, which the license bond does not replace.

B&P Code §7071.5 / §7071.6
148. Which statement about the CSLB license bond and a project performance bond is TRUE?
a.The license bond is statewide; a performance bond covers one job✓
b.The performance bond protects consumers across all the work
c.The license bond guarantees completion of a specific project
d.They are one instrument, known by two different names

The $25,000 bond required by B&P §7071.6 is a condition of licensure that runs to the beneficiaries listed in §7071.5 and stands behind everything the licensee does, in a fixed amount that has nothing to do with any contract's size. A performance bond is bought for one project, sized to that contract, and runs to that project's obligee, guaranteeing the job gets finished. (b) and (c) simply swap the two. (d) misses both differences that matter — the source, statute versus contract, and the scope, all work versus one job.

B&P Code §7071.5 / §7071.6
149. A preliminary notice must be given by which method to be effective?
a.Only by recording the notice with the county recorder
b.Only by publication in a general-circulation paper
c.By personal delivery, or by registered or certified mail✓
d.Only by email, with a read receipt kept by the sender

Civil Code §8106 allows notice under this part by personal delivery, by mail in the manner §8110 prescribes, or by leaving the notice and mailing a copy as Code of Civil Procedure §415.20 provides; §8110 defines that mail as registered or certified mail, express mail, or overnight delivery by an express service carrier, and §8118 governs proof of notice. (a) confuses service with recording: the preliminary notice is served on the owner, direct contractor, and lender, while the claim of lien is what gets recorded. (b) is a substituted-service device this part does not use. (d) is outside the permitted means no matter what receipt the sender keeps.

Civ. Code §8106 / §8110 / §8118
150. A subcontractor's certificate of insurance names the general contractor as 'certificate holder.' Being a certificate holder means the general contractor:
a.Receives the certificate as evidence of coverage, and no more✓
b.Is an additional insured, with defense and indemnity available
c.Is a named insured who may claim directly on the policy
d.Is a loss payee entitled to covered property loss payments

Certificate holder is an address line: it identifies who was given the document. It confers no rights under the policy. (b) is the status the general contractor actually wants, and it comes only from an additional insured endorsement — mistaking the certificate for the endorsement is the classic and expensive error. (c) goes further still; a named insured is a party to the contract of insurance, which the general contractor is not. (d) is a property-insurance role concerned with who gets paid for damaged property, and it has no bearing on liability coverage.

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