Insurance & LiensQuestion 639 of 690
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:
a.Only after recording a notice of completion
b.Within 90 days of first furnishing labor or materials
c.Only on the property owner, not the direct contractor or construction lender
d.Not later than 20 days after the claimant first furnishes labor, service, equipment, or materials to the jobsite (and lien rights are limited to work performed in the 20 days before notice was given if served late)
Explanation
Civil Code §8200 requires every claimant (other than the direct contractor and laborers for wages) to serve a preliminary notice on the owner, the direct contractor, and the construction lender (if any) not later than 20 days after first furnishing labor, service, equipment, or materials. Late service is allowed but limits lien rights to labor/materials furnished in the 20 days before notice and thereafter (Civil Code §8204). Service only on the owner is insufficient. The 90-day window is the lien recording deadline (§8412/§8414), not the preliminary-notice deadline.
Law Reference: Civil Code §8200Practice all 690 questions free — no signup required.
Related questions on this topic
- A subcontractor prepares a mechanics' lien claim. Which of the following items is REQUIRED on the face of the lien?
- 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:
- 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:
- On a private work of improvement, a direct (prime) contractor must record a mechanics' lien within how many days after completion of the work, when no notice of completion or cessation has been recorded?
- After recording a mechanics' lien on a private project, a claimant must file an action to enforce (foreclose) the lien within:
- Under Labor Code §3700, a California contractor that has even one employee must:
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