Insurance & LiensQuestion 640 of 690

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?

a.30 days after the contractor's last day on the job
b.90 days after completion of the work of improvement
c.60 days after notice of completion in any case
d.1 year after the last payment was due

Explanation

Under Civil Code §8412, a direct contractor must record its mechanics' lien within 90 days after completion of the work of improvement. If the owner records a notice of completion or cessation under §8182, the direct contractor's window is shortened to 60 days after that recording (§8412), and a subcontractor/claimant's window is shortened to 30 days. The 90-day fallback applies when no NOC is recorded. A 1-year window confuses lien recording with the §8460 deadline to foreclose on a recorded lien (90 days to file suit).

Law Reference: Civil Code §8412

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