Insurance & LiensQuestion 1505 of 1632
A subcontractor recorded a mechanics lien but never served a copy on the owner and did not attach a proof of service affidavit. The likely result is:
a.The lien deadline is extended by 30 days
b.The lien is fully valid
c.The subcontractor may still enforce it if the owner had actual knowledge
d.The lien is unenforceable due to the service defect
Explanation
Civil Code §8416 makes service of the lien on the owner and inclusion of a proof of service affidavit conditions of enforceability. Failure to serve the owner and attach proof of service renders the recorded lien unenforceable regardless of actual knowledge.
Law Reference: Civ. Code §8416This topic, taught in full in the CSLB Law & Business guide. CSLB Law & Business — Complete Study Guide (2026) — PDF + EPUB, $24.99 · 14-day refund →
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)