保险与留置权第 1471 / 1632 题

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?

a.The owner, direct contractor, and construction lender
b.The direct contractor and lender, but not the owner
c.The owner and direct contractor, but not the lender
d.The party it contracted with, plus the county recorder

解析

Civil Code §8200 requires a claimant without a direct contract with the owner to serve the preliminary notice on the owner or reputed owner, the direct contractor, and the construction lender if there is one; §8204 makes the notice reach back only 20 days, so late service shortens what can be claimed. (b) omits the owner, whose property the lien attaches to. (c) omits the lender, and that omission specifically costs the claimant the bonded stop payment notice against undisbursed loan funds. (d) confuses the preliminary notice with recording — the preliminary notice is served, not recorded, and serving only the party upstream of you is the most common fatal error.

法律依据: Civil Code §8200 / §8204

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