Insurance & LiensQuestion 641 of 1605
After recording a mechanics' lien on a private project, a claimant must file an action to enforce (foreclose) the lien within:
a.4 years, per the contract statute of limitations
b.1 year after the contract was awarded
c.90 days after the lien was recorded, or the lien becomes unenforceable
d.180 days after recording, with two 90-day extensions allowed
Explanation
Civil Code §8460 requires a claimant to commence an action to enforce a recorded mechanics' lien within 90 days after the lien is recorded; otherwise the lien expires and is unenforceable. The claimant and owner may extend the deadline by written agreement under §8460(b), but only to up to one year from completion. The 180-day option does not exist. The 1-year-from-award and 4-year statute options confuse breach-of-written-contract limitations with the much shorter mechanics'-lien deadline. Missing this 90-day window is one of the most common ways subcontractors lose lien rights.
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