Insurance & LiensQuestion 1488 of 1605
Under current California law, a mechanics lien is generally NOT enforceable unless the claimant:
a.Personally files the lawsuit within 10 days
b.Serves a copy of the lien and a 'Notice of Mechanics Lien' on the owner and includes a proof of service affidavit
c.Posts a bond equal to the claim
d.Obtains the owner's written consent to the lien
Explanation
Civil Code §8416 requires that the lien claim be served on the owner or reputed owner along with a statutory Notice of Mechanics Lien, and a proof of service affidavit must accompany the recorded lien. Without proper service, the lien is unenforceable.
Law Reference: Civ. Code §8416Practice all 1605 questions free — no signup required.
Related questions on this topic
- Which statement best distinguishes a SURETY BOND from an INSURANCE policy?
- An indemnity (hold-harmless) clause in a construction subcontract typically operates to:
- A recorded mechanics lien claim in California must include, among other things, a statement of the claimant's demand, the name of the owner, a description of the site, and:
- An owner who learns that work is being done on their property without their authorization (e.g., by a tenant) can limit exposure to mechanics liens by recording and posting a:
- To be effective, a Notice of Non-Responsibility must generally be posted on the property and recorded within how many days after the owner obtains knowledge of the work of improvement?
- Which event does NOT constitute 'completion' of a work of improvement for purposes of starting mechanics lien deadlines on a private project?
Last reviewed: · editorial process
Sen Lin, PrepPass Founder · Verified against California CSLB Contractor License Law & Business Exam · How we review
Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)