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198 câu hỏiAdditional insured status extends the subcontractor's coverage to the prime for liability arising out of the subcontractor's operations, so the sub's insurer may owe the prime a defense and indemnity for those claims. (b) is the dangerous error: the coverage reaches only the sub's work, is capped by the sub's limits, and is subject to the sub's exclusions, so the prime's own exposures remain uninsured. (c) confuses being insured with owning the policy — the subcontractor buys it, controls it, and can let it lapse, which is why the prime asks for the endorsement and for notice of cancellation. (a) has nothing to do with the endorsement.
—Suretyship involves three parties — principal, obligee, surety — and the surety guarantees the principal's obligation to the obligee, with a right of indemnity back against the principal. Insurance is a two-party transfer in which the insurer absorbs the insured's fortuitous loss and does not seek reimbursement. (b) describes insurance and labels it a bond, which is why contractors are surprised when a surety pursues them after paying a bond claim. (c) simply reverses the two definitions. (d) reverses who gets paid: the bond pays the obligee, and liability insurance defends and indemnifies the insured.
An indemnity or hold-harmless clause reallocates liability: the indemnitor promises to answer for, and usually to defend, specified claims that would otherwise fall on the indemnitee. It is a contractual device, normally backed by insurance, and it is bounded by Civil Code §2782, which voids indemnity for the promisee's own sole negligence or willful misconduct, and by §2782.05, which restricts a subcontractor's indemnity of a general contractor's active negligence. (a) describes a delay or liquidated damages clause. (b) inverts the usual pairing, since a promise to indemnify is only as good as the indemnitor's balance sheet, which is why insurance is required alongside it. (c) belongs to the lien law and cannot be achieved by an indemnity clause.
Civ. Code §2782 / §2782.05Civil Code §8416 requires the claimant to serve the owner with the lien and the statutory Notice of Mechanics Lien, and to record a proof of service affidavit with the lien; without it the lien is unenforceable. (a) is the most attractive wrong answer and fails on two counts — the preliminary notice is served rather than recorded, and it is not attached to the lien. (b) confuses proof of the debt with the recorded claim; the contract is evidence in the foreclosure action, not a recording requirement. (d) has no place in the lien statute at all.
Civil Code §8416Civil Code §8416 conditions enforceability on serving the owner or reputed owner with a copy of the lien and the statutory Notice of Mechanics Lien, and recording a proof of service affidavit with it. (a) borrows the §8460 deadline and shrinks it — the claimant has 90 days after recording to sue, not ten. (c) reverses who bonds: the 125 percent bond under §8424 is the owner's tool for clearing the lien from title, not a claimant's prerequisite. (d) would make the lien consensual, which defeats its purpose as a statutory security a claimant can assert without the owner's agreement.
Civil Code §8416Civil Code §8444(a) lets an owner of the property, or a person claiming an interest in it, that did not contract for the work of improvement give notice of nonresponsibility; it must be signed and verified, state the nature of the owner's title or interest, name any purchaser under contract or lessee known to the owner, and state that the person giving it is not responsible for claims arising from the work. §8444(e) is the trap: the notice is ineffective unless, within 10 days after the owner learns of the work, the owner BOTH posts it on the site and records it. (a) and (b) are claimants' instruments, not an owner's. (c) is the owner's completion filing, which shortens the deadlines in §8412 and §8414 but disclaims nothing.
Civ. Code §8444Under Civil Code §8444, an owner must post the notice of non-responsibility in a conspicuous place on the property and record it within 10 days after first having knowledge of the work of improvement to disclaim responsibility for liens.
Civ. Code §8444Civil Code §8180 defines completion to include actual completion, occupation/use plus cessation of labor, acceptance by the owner, or cessation of labor for 60 continuous days. Merely mailing a final invoice is not a statutory completion event.
Civ. Code §8180Under Civil Code §8188, an owner may record a notice of cessation after labor has ceased for a continuous 30-day period. Recording it shortens the lien-recording deadlines for claimants (30 days for others, 60 for the direct contractor), similar to a notice of completion.
Civ. Code §8188In a surety bond, the principal is the party whose obligation is guaranteed (e.g., the contractor). The obligee is the party protected (e.g., the owner or public agency), and the surety is the company issuing the bond and guaranteeing the principal's performance.
The obligee is the party for whose benefit the bond is written and who may make a claim if the principal fails to perform. On a public works performance bond, the public agency is the obligee; on a payment bond, unpaid subs and suppliers are protected.
Civil Code §8424 lets an owner, contractor, or anyone with an interest record a surety bond of 125 percent of the lien to free the title; the claimant's remedy then runs against the bond instead of the property. (b) points the wrong direction — a stop payment notice is a claimant's remedy that traps funds, not an owner's tool for clearing title. (c) is a real instrument with a real effect on deadlines under §8414, but it does nothing about a lien already recorded. (d) addresses work ordered by a tenant or other non-owner, and cannot remove a lien that has already attached.
Civil Code §8424Civil Code §8204(a) requires the preliminary notice to be given not later than 20 days after the claimant has first furnished work on the work of improvement, and a claimant who gives it later may claim only for work provided within the 20 days before service and afterwards. (d) is the most attractive wrong answer, since a subcontract is often signed weeks before anyone mobilizes and the statute counts furnishing rather than signing. (c) reverses the purpose of the notice, which is served before there is any payment problem. (a) confuses the two instruments: the notice comes first, and §8410 makes it a condition of enforcing the lien that is recorded later.
Civ. Code §8204(a)Additional insured status gives the upstream party defense and indemnity under the downstream party's policy for claims arising out of that party's work, and the certificate documents that the coverage was placed. (a) is the dangerous version of the idea: risk transfer supplements the general contractor's own coverage and never replaces it, and its own insurer will still be looking at the claim. (b) mixes insurance with lien priority, which is fixed by the mechanics lien statute and not by an endorsement. (c) crosses two lines of coverage — employee injuries are handled by each employer's workers' compensation policy, which additional insured status does not touch.
Labor Code §3706 lets an employee of an employer that failed to secure the payment of compensation bring an action at law for damages as if the workers' compensation division did not apply, and §3708 presumes the injury was a direct result of the employer's negligence, places the burden of rebutting that on the employer, and strips the defenses of contributory negligence, assumption of risk, and negligence of a fellow servant. §3700.5 adds misdemeanor exposure. (a) invents a recovery fund California does not maintain for contractors, which is why the §7071.6 bond matters. (b) is the exclusive-remedy bargain the employer forfeits by going uninsured. (d) inverts the consequence of being uninsured.
Lab. Code §3706 / §3708 / §3700.5B&P §7125.2 suspends the license automatically, by operation of law, effective on the earlier of the date the coverage lapsed or the date coverage was required to be obtained; work performed during the suspension is unlicensed work, with the §7031 collection bar and disgorgement exposure that follows. (d) borrows the 90 days from §7071.7, which lets the Registrar accept a BOND as of its effective date if it arrives within 90 days — there is no such grace period for insurance. (b) is the no-harm-no-foul belief, and the suspension does not wait for an injury. (c) is not a remedy anywhere in the chapter.
B&P Code §7125.2(a)Having no direct contract with the owner, the supplier falls under Civil Code §8200 and must serve the owner or reputed owner, the direct contractor, and the construction lender if there is one. (a) is the error suppliers actually make — notifying the customer they invoiced, which preserves nothing. (b) stops one link short of the owner, and the owner is the party whose property is at risk. (d) is incomplete in the way that costs the most: without notice to the lender the supplier loses the bonded stop payment notice against undisbursed loan funds.
Civil Code §8200A performance bond runs to the obligee — usually the owner or the public entity — and guarantees performance of the contract; if the contractor defaults, the surety may complete the work itself, tender a replacement contractor, or pay damages up to the penal sum of the bond. (a) is the payment bond's job, and the two are usually bought together: on private work Civil Code §8608 fixes who may claim on it, and on public work §9550(a) requires one on any contract over $25,000. (b) is the lender's decision, which no surety guarantees. (c) is a separate statutory duty under B&P §7125 and Labor Code §3700.
Civ. Code §8608 / §9550(a)CGL policies typically exclude the cost of repairing the insured contractor's own defective work (the 'your work' exclusion), while covering resulting third-party bodily injury and property damage plus defense costs. Faulty-work repair is a business risk, not an insured peril.
Commercial auto responds to liability and physical damage arising from the contractor's owned, hired, and non-owned vehicles. (a) is builder's risk, which insures the work itself. (c) is inland marine or a tools and equipment floater. (d) is workers' compensation. The overlap worth knowing: when an employee is hurt driving for work, the employee's own injury is a workers' compensation claim while the other driver's injuries are the auto liability claim — one accident, two policies.
—Civil Code §8460(a) requires the claimant to commence an action to enforce the lien within 90 days after the claim of lien is recorded, and provides that the lien otherwise expires and is unenforceable; four months is past the deadline. (c) uses a real figure from the wrong subdivision: §8460(b) extends the deadline only where the claimant and owner agreed to extend credit and recorded notice of it, and even then no later than one year after completion. (a) and (d) invent conversions the statute does not provide — a judgment lien needs a judgment, and a stop payment notice is a separate remedy that must be given while undisbursed funds remain.
Civ. Code §8460(a)-(b)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.
Civ. Code §8416Risk flows upward in construction insurance: the owner and general contractor are named as additional insureds on the subcontractor's policy, so that liability arising from the sub's work is answered by the sub's insurer. A sub asking to be added to the prime's policy asks for the reverse. (a) is simply false — a CGL policy can carry many additional insureds by endorsement. (b) confuses being on the same job with being on the same policy. (c) is a category error; the mechanics lien statute says nothing about insurance.
Labor Code §3700 requires every employer except the state to secure the payment of compensation, either by insuring with a carrier authorized to write it in California or by obtaining a certificate of consent to self-insure from the Director of Industrial Relations; one employee is enough, and there is no small-employer exception. For licensed contractors the license law adds to that: B&P §7125 requires a current certificate of workers' compensation insurance or of self-insurance on file, and even a licensee with no employees must carry it if it holds a C-8, C-20, C-22, C-39 or D-49 classification. From January 1, 2028 (SB 216, as postponed by SB 1455 (Stats. 2024, ch. 485)) every licensee must, except a joint venture licensed under §7029 that employs nobody. (c) is a threshold some other states use and California does not. (a) and (d) invent categories the statute has never drawn.
Lab. Code §3700 / B&P Code §7125 (as amended by SB 1455, Stats. 2024, ch. 485)A stop payment notice traps money the owner or lender has not yet paid out, so the claimant is paid from the construction fund instead of having to sue to foreclose on and sell the owner's property. (a) is half-true and therefore the best trap: a notice given to the OWNER under §8520 needs no bond, and §8522(a) obliges the owner to withhold on receipt, but a notice that binds a construction lender must be accompanied by a bond of 125 percent of the claim under §8532. (b) is wrong — the same preliminary notice that preserves lien rights conditions the stop payment notice. (d) overstates the remedy: it reaches the fund, and an owner who has already properly disbursed everything has nothing left to withhold.
Civil Code §8520 / §8522(a) / §8532A certificate of insurance is evidence of what was in force on the day it was issued; it is not part of the policy, it does not bind the insurer, and its own text usually says so. If the policy was properly cancelled, there is no coverage whatever dates the certificate carries. (c) is the 30-day notice-of-cancellation term that appears in contracts and in some endorsements — a promise to tell the holder that coverage is ending, not a promise of 30 more days of it, and not a rule of law. (a) is the certificate-as-contract error. (d) confuses the holder's own program with the contractor's; nothing transfers between policies.
—Civil Code §8180(a) lists the completion events: actual completion; occupation or use by the owner accompanied by cessation of labor; cessation of labor for a continuous period of 60 days; and recordation of a notice of cessation after labor has stopped for 30 days. Here the second applies, and because no notice of completion was recorded, §8412 gives the direct contractor 90 days from completion and §8414 gives every other claimant 90 days from it. (a), (b) and (c) are all real dates in the project record, and none of them starts a lien clock — which is why a claimant who counts from the last payment or from signing records too late.
Civ. Code §8180(a)(2) / §8412 / §8414The performance bond protects the obligee against non-completion; the payment bond protects subcontractors, laborers, and suppliers, and so protects the owner indirectly from claims against the property — and under Civil Code §8600 an owner who files the direct contract and records a payment bond of at least 50 percent of the price before work begins may have lien enforcement restricted to the bond. (a) confuses security for performance with the contract that creates the obligation. (c) reverses cause and effect: bonds are underwritten on the contractor's credit and do not reduce insurance premiums. (d) is a separate statutory duty under B&P §7125 and Labor Code §3700.
Civ. Code §8600 / §8608The indemnitor is the promisor: it agrees to assume, defend, or reimburse the indemnitee's specified losses. (c) is the indemnitee, and reversing the pair is the whole substance of this item. (a) is the insurer, which performs a comparable economic function under a policy rather than under the construction contract, and which is often what stands behind the indemnitor's promise. (b) belongs to the lien law. How far the promise can go is limited by Civil Code §2782, which makes indemnity for the promisee's sole negligence or willful misconduct void and unenforceable in a construction contract.
Civ. Code §2782Civil Code §8204(a) lets a claimant who missed the 20 days give the notice later, but then limits the lien, stop payment notice, and payment bond claim to work provided within the 20 days before service and at any time afterwards. Serving at the start therefore protects the whole claim, and the value of doing so only becomes visible once a dispute arises over early work. (a) confuses the notice with the recording deadlines in §8412 and §8414, which the notice does not move. (c) invents a pre-contract requirement; the clock starts at first furnishing. (d) treats the notice as a substitute for the lien, when it is a precondition to it under §8410.
Civ. Code §8204(a)Suretyship is a three-party arrangement — the principal whose obligation is guaranteed, the surety that guarantees it, and the obligee or statutory beneficiaries who may claim — and a surety that pays a valid claim has a right of indemnity against the principal and any indemnitors. (a) reverses the roles: the principal is the party guaranteed against, not the party protected. (b) counts two parties and then mislabels the instrument as insurance. (c) describes insurance, where premium income absorbs losses and the insurer has no claim back against its insured. In the license context, B&P §7071.11(e) requires the surety to notify the Registrar within 30 days of any payment on the bond.
B&P Code §7071.11(e)Under Civil Code §8414, once a notice of completion is recorded, a claimant other than the direct contractor must record within 30 days. Counting 30 days from July 1 lands at the end of July. Only the direct contractor would get 60 days.
Civ. Code §8414The 'your work' exclusion keeps the cost of tearing out and redoing the insured's own faulty workmanship outside the liability policy, on the principle that quality is a business risk the contractor controls rather than a fortuity — that risk belongs to warranties, retentions, and performance bonds. Damage the faulty work causes to other property or to people can still be covered, subject to the policy's terms, which is why (b) and (c) remain insured losses and (a) is the defense duty that comes with them.
—A mechanics lien attaches to the work of improvement and to the interest of the owner who caused it to be constructed, which is what makes foreclosure and sale of that interest the claimant's ultimate remedy. (b) describes the target of a bonded stop payment notice, not a lien, and the two remedies are deliberately separate. (c) confuses a lien with an assignment of contract proceeds. (d) is the title-retention idea from sales law: once material is incorporated into the improvement, the claimant's security is the lien on the property, not the material.
Civil Code §8440 / §8442Additional insured status comes from an endorsement issued by the insurer, because only the parties to the policy can change who it insures. (b) evidences coverage and expressly confers no rights. (c) obliges the contractor to obtain the endorsement, so a broken promise leaves the owner uninsured while it believes itself covered. (d) is a promise between the contracting parties that never touches the policy: it depends on the indemnitor's solvency, and Civil Code §2782 voids it to the extent it would indemnify a party for its own sole negligence or willful misconduct.
Civ. Code §2782Labor Code §3700.5 makes the failure to secure the payment of compensation, by someone who knew or should reasonably have known of the obligation, a misdemeanor punishable by up to one year in the county jail, or by a fine of up to double the premium that would have been due but not less than $10,000, or by both — with the §3722 penalty assessments, a stop order, and suspension of the license under B&P §7125.2 on top. (a) understates the grade of the offence. (c) is the catch-up belief: paying the premium later does not undo the period of non-coverage, during which §3706 and §3708 exposure also attached. (d) invents a headcount exemption §3700 has never contained.
Lab. Code §3700.5 / §3722Civil Code §8522(a) requires an owner served with a stop payment notice to withhold from the direct contractor, or from anyone acting under the direct contractor's authority, a sufficient amount due or to become due to pay the claim stated in the notice. §8522(b) lets an owner that had already recorded a payment bond under §8600 decline to withhold, provided it notifies the claimant within 30 days and encloses a copy of the bond. (a) invents a recording duty; a stop payment notice is served, not recorded. (b) turns withholding into payment — the owner holds the money, and entitlement is settled later between the claimant and the direct contractor, with §8550 requiring the claimant's action no earlier than 10 days after giving the notice and no later than 90 days after the notice period closes. (d) imports the §8532 bond, which is required only for a notice that binds a construction lender. Note also that the allowance for the withholder's litigation costs is the PUBLIC works rule in §9358(a), not the private-works rule here.
Civil Code §8520 / §8522 / §8550A payment bond gives lower-tier claimants a solvent surety to pursue in addition to the mechanics lien and the stop payment notice; §8608 gives that right to claimants who provided work to the direct contractor, directly or through subcontractors, and §8610 requires an action on a bond recorded before completion within six months after completion. (b) is the fatal shortcut: §8612(a) requires the same preliminary notice for a bond claim, with only the narrow late route in §8612(b). (c) overstates §8600, which lets a court restrict lien enforcement to the bond only where the owner filed the direct contract and recorded a bond of at least 50 percent of the price before work began. (a) misreads §8608 entirely.
Civ. Code §8608 / §8610 / §8612Civil Code §8424(b) sets the lien release bond at 125 percent of the claim of lien, or 125 percent of the amount the lien allocates to the property being released, executed by an admitted surety and conditioned on payment of any judgment and costs the claimant recovers; on recordation the property is released from the lien and from any action to enforce it, and §8424(d) requires notice to the claimant, who must then sue on the bond within six months. (a) leaves nothing for the costs and interest the 25 percent margin is there to cover — 100 percent is the measure of the different bond in B&P §7071.17, which equals the unsatisfied judgment. (d) is the 50 percent ratio §8600 uses for an owner's recorded payment bond. (b) appears nowhere in this part; the other 125 percent figure is the bond that accompanies a stop payment notice to a lender under §8532.
Civ. Code §8424(b) / §8424(d)Civil Code §8018 defines the direct contractor as a contractor that has a direct contractual relationship with an owner, and provides that a reference elsewhere to a 'prime contractor' means a direct contractor. The tier decides the rules that follow: §8412 gives the direct contractor 90 days after completion or 60 days after a recorded notice of completion to record a lien, while §8414 gives every other claimant 90 or 30; §8200(e)(2) excuses a claimant with an owner contract from serving anyone but the construction lender; and §8520 lets only claimants OTHER than the direct contractor give the owner a stop payment notice. (b) describes the tier below. (c) is a material supplier, which has a lien right under §8400(c) but no owner contract. (d) points at the public works title, where §9100(b) bars a direct contractor from the stop payment notice and the payment bond altogether.
Civ. Code §8018A claims-made policy is triggered by the claim: it responds when the claim is first made against the insured and reported while the policy, or an extended reporting period, is in force, whatever the date of the underlying event. (b) is the occurrence trigger, and separating the two is the point of the item — an occurrence policy answers for injury that happened during its period even if the claim arrives years later. (c) is a condition of every policy rather than a coverage trigger. (d) transplants a mechanics lien step into insurance, where notice of a claim is governed by the policy's own conditions.
—An occurrence policy is triggered by when the bodily injury or property damage happened: if the damage occurred during the policy period, the policy responds even if the claim surfaces years after that policy expired. (a) states the claims-made trigger, which is the genuine alternative and the reason this distinction matters when a contractor switches policy forms. (b) is the completed-operations idea in the wrong place — completed operations describes what kind of exposure is covered, not when coverage attaches. (d) states a reporting condition, which is a duty under the policy and not the coverage trigger.
The lender is served so the claimant can later serve a bonded stop payment notice and trap loan funds the lender has not paid out; missing the lender forfeits that fund-based remedy. (b) survives if the owner and direct contractor were properly served, because the lien depends on notice to them. (c) never depended on any preliminary notice — contract rights against your own customer are unaffected. (d) is the closest trap: bond rights do track lien-notice requirements, but it is notice to the owner and direct contractor that supports them, not notice to the lender.
Civil Code §8200 / §8532Subrogation lets an insurer that has paid its insured's loss stand in the insured's place and recover from whoever caused it, which is why construction contracts so often include a mutual waiver of subrogation. (a) is cancellation, a separate policy right. (b) is additional insured status, which concerns who is protected rather than who may be pursued afterwards. (c) is the deductible, a retention borne by the insured. Each is a genuine insurance term, which is the point: the item tests whether the candidate can place them.
Subrogation is the insurer's right, after paying its own insured, to step into the insured's shoes and recover from whoever caused the loss. A mutual waiver gives up that recovery, so an insured loss stays with the insurer that was paid to carry it and the project participants do not litigate against each other; it is commonly paired with builder's risk coverage. (c) is the misreading that matters: the coverage still responds, and it is only the insurer's onward claim that is waived. (a) and (b) waive substantive rights a subrogation clause does not touch, and a lien waiver in particular is valid only in the statutory form.
—Civil Code §8422 makes a claim of lien void to the extent it includes work not provided or is willfully overstated, and the claimant can lose the lien altogether and face liability for the owner's resulting damages. (a) is the widespread and costly assumption that padding is free because a judge will simply trim it. (b) treats the consequence as a fee. (d) invents a transfer between remedies — overstating a lien does not move the surplus onto a bond, and a willfully false bond claim carries its own exposure.
Civil Code §8422The $25,000 bond required by B&P §7071.6 is a suretyship for the benefit of the people listed in §7071.5 — homeowners and property owners damaged by a violation, anyone damaged by a willful violation or fraud, and employees owed wages or fringe benefits. (a) reverses the direction of the protection, and in fact the surety may seek indemnity from the contractor after paying. (b) describes a performance bond, which is project-specific and sized to the contract. (c) describes commercial general liability insurance, which the license bond does not replace.
B&P Code §7071.5 / §7071.6The $25,000 bond required by B&P §7071.6 is a condition of licensure that runs to the beneficiaries listed in §7071.5 and stands behind everything the licensee does, in a fixed amount that has nothing to do with any contract's size. A performance bond is bought for one project, sized to that contract, and runs to that project's obligee, guaranteeing the job gets finished. (b) and (c) simply swap the two. (d) misses both differences that matter — the source, statute versus contract, and the scope, all work versus one job.
B&P Code §7071.5 / §7071.6Civil Code §8106 allows notice under this part by personal delivery, by mail in the manner §8110 prescribes, or by leaving the notice and mailing a copy as Code of Civil Procedure §415.20 provides; §8110 defines that mail as registered or certified mail, express mail, or overnight delivery by an express service carrier, and §8118 governs proof of notice. (a) confuses service with recording: the preliminary notice is served on the owner, direct contractor, and lender, while the claim of lien is what gets recorded. (b) is a substituted-service device this part does not use. (d) is outside the permitted means no matter what receipt the sender keeps.
Civ. Code §8106 / §8110 / §8118Certificate holder is an address line: it identifies who was given the document. It confers no rights under the policy. (b) is the status the general contractor actually wants, and it comes only from an additional insured endorsement — mistaking the certificate for the endorsement is the classic and expensive error. (c) goes further still; a named insured is a party to the contract of insurance, which the general contractor is not. (d) is a property-insurance role concerned with who gets paid for damaged property, and it has no bearing on liability coverage.