Seguros y GravámenesPregunta 1470 de 1632
A preliminary notice must be served within 20 days after the claimant first furnishes labor or materials. What is the primary consequence of serving it late?
a.All lien rights are lost for the whole project at once
b.The notice period doubles, to 40 days from first work
c.The claimant may still lien for the full contract amount
d.Rights are limited to the 20 days before service, and after
Explicación
Civil Code §8204(a) says a claimant who did not give preliminary notice is not precluded from giving one later, but is then entitled to record a lien, give a stop payment notice, or claim against a payment bond only for work performed within the 20 days before service, and at any time afterwards. (a) is the harshest misreading — late notice costs the early work, not the remedy. (c) is the mildest, and it ignores the look-back altogether. (b) invents a doubling of the period; nothing in the section extends the 20 days, which is why the practical rule is to serve at the start of every job.
Referencia Legal: Civ. Code §8204(a)Practica las 1632 preguntas gratis — sin registro.
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Preguntas relacionadas de este tema
- 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?
- After a Notice of Completion is recorded on a private work of improvement, the DIRECT (prime) contractor must record its mechanics lien within:
- On a private project, a subcontractor who has no direct contract with the owner must serve a Preliminary Notice on which parties to preserve mechanics lien rights?
- Which claimant is generally NOT required to serve a preliminary notice to preserve a mechanics lien?
- A direct contractor who contracted directly with the owner on a private residential project generally must serve a preliminary notice on which party, if any?
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Revisado por Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verificar)