Bảo hiểm & Quyền cầm giữCâu 1488 / 1632
Under current California law, a mechanics lien is generally NOT enforceable unless the claimant:
a.Files the foreclosure action within ten days of recording the lien
b.Serves the lien and the Notice of Mechanics Lien, with its proof
c.Posts a surety bond equal to the amount claimed in the lien
d.Obtains the owner's written acknowledgement of the amount owed
Giải thích
Civil 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.
Trích dẫn luật: Civil Code §8416Luyện miễn phí toàn bộ 1632 câu hỏi — không cần đăng ký.
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Câu hỏi liên quan cùng chủ đề
- 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 learns that a tenant has ordered work on the property without the owner's authorization. To limit exposure to mechanics liens, the owner records and posts:
- 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?
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Đội ngũ PrepPass · Đối chiếu với California CSLB Contractor License Law & Business Exam · Quy trình kiểm tra
Người kiểm duyệt Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — kiểm tra)