Insurance & LiensQuestion 476 of 1632

On a private project where NO Notice of Completion or Cessation is recorded, what deadline applies to ALL claimants for recording a mechanics' lien?

a.Thirty days after completion, the same for every claimant
b.Sixty days after the construction contract was signed
c.One year after the claimant's own last day of work
d.Ninety days after completion of the work of improvement

Explanation

With no notice recorded, both halves of the scheme land on the same date. §8412 gives the direct contractor until the earlier of 90 days after completion of the work of improvement or 60 days after the owner records a notice of completion or cessation; §8414 gives every other claimant the earlier of 90 days after completion or 30 days after such a notice. Take the notice away and only the 90-day branch is left, for everybody — which is exactly what makes recording a notice worth the owner's trouble. So (a) borrows the 30-day figure that exists only once a notice has been recorded. (b) starts the clock at signature, a date the lien statutes never use. (c) is out by a factor of four, though it sits near a real rule: under §8460(b), where claimant and owner record an extension of credit, the action to enforce can run up to a year after completion of the work. And recording is only the first half of the job — §8460(a) then requires the action to enforce the lien within 90 days of recordation, or the claim of lien expires and is unenforceable.

Law Reference: Civil Code §8412; §8414; §8460(a)-(b)

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