Insurance & LiensQuestion 1570 of 1632

On a project where a notice of completion is recorded, missing the 30-day lien deadline (for a non-direct claimant) generally means:

a.The claimant may still record within 60 days, as the direct contractor may
b.The claimant loses the mechanics lien, but other remedies may survive
c.The claimant may record within 90 days from actual completion instead
d.The claimant has 90 days from recording to file suit on the lien

Explanation

Civil Code §8414 gives a claimant other than the direct contractor 30 days after a recorded notice of completion; miss it and the lien remedy is gone, though a payment bond claim, a timely stop payment notice, or a plain breach-of-contract action may remain. (a) borrows the direct contractor's 60-day period under §8412, which is not available to lower-tier claimants. (c) is the no-notice rule the recording displaced. (d) states the §8460 deadline for suing on a lien already recorded, which never revives a lien that was recorded too late.

Law Reference: Civil Code §8414 / §8460

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