Insurance & LiensQuestion 580 of 690
A subcontractor records a mechanics' lien but fails to serve a copy of the lien (with the required proof of service affidavit) on the owner. Under California's strict-compliance rule, the most likely consequence is that the lien:
a.Remains fully enforceable because recording is the only requirement
b.Is unenforceable as a matter of law because service is a prerequisite to enforcement
c.Automatically converts into a stop payment notice
d.Is converted into a money judgment against the contractor
Explanation
Civil Code §8416 requires that a recorded mechanics' lien be served on the owner (or reputed owner) along with a proof of service affidavit. Failure to comply with this strict-compliance step renders the lien unenforceable, even if the lien is otherwise valid in form and timing.
Law Reference: Civil Code §8416Practice all 690 questions free — no signup required.
Related questions on this topic
- On a California public works project, a second-tier supplier was not paid by the subcontractor. Because no mechanics' lien can attach to public property, the supplier's primary recovery vehicle is generally:
- Which statement BEST captures the practical difference between a mechanics' lien and a stop payment notice on a private project?
- A subcontractor prepares a mechanics' lien claim. Which of the following items is REQUIRED on the face of the lien?
- On a private project where no Notice of Completion is recorded, a subcontractor who served a proper preliminary notice must generally serve a stop payment notice on the construction lender within:
- A subcontractor on a private residential remodel wishes to preserve mechanics' lien rights. The preliminary 20-day notice under Civil Code §8200 must be served:
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