Insurance & LiensQuestion 1466 of 1605
A framing subcontractor supplied labor and materials to a private residential remodel but was never paid. Which of the following best describes who is entitled to record a mechanics lien?
a.Only suppliers who delivered material directly to the owner
b.Any creditor of the contractor, whether or not they worked on the project
c.Only the direct (prime) contractor who signed the contract with the owner
d.Any person who, at the owner's request or the request of a person acting on the owner's behalf, provided labor, services, equipment, or material for a work of improvement
Explanation
Under Civil Code §8400, a person who provides work authorized for a work of improvement — including direct contractors, subcontractors, material suppliers, equipment lessors, and laborers — has a mechanics lien right. The framing sub qualifies. Mere creditors of the contractor who did not contribute to the improvement have no lien.
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- On a private project with NO notice of completion or cessation recorded, within what period after completion of the work of improvement must a direct (prime) contractor record its mechanics lien?
- After the owner records a valid Notice of Completion, within how many days must a SUBCONTRACTOR or material supplier record its mechanics lien?
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)