Chapter 3 - Mechanics Lien Law Flashcards

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1
Q

A Mechanics Lien is limited to _________ works project

A

Private

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2
Q

A ____________ bond is also known as a labor and materials bond.

A

Payment

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3
Q

Saturdays, Sundays and any day when the county recorded office is closed are considered ____________

A

Holidays

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4
Q

________________ must be in writing

A

Notices

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5
Q

When mailing, You must have a receipt and tracking information as well as a ___________ ___ ___________ __________ to show proof that a notice was served

A

“ Proof of Notice Declaration”

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6
Q

If a notice must be posted, it is considered ____________ when it is displayed

A

Served

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7
Q

A ___________________ tells the recipient that you are improving the property

A

Preliminary Notice

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8
Q

Direct contractors must send a preliminary notice to ________________ ____________

A

Construction Lenders

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9
Q

Payment bonds are also referred to as ?

A

Labor and materials bonds

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10
Q

All deadlines for Mechanics Lien Law are given in what kind of days ?

A

Calendar days

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11
Q

What months of the year have 30 days ?

A

June, April, November, September

( JuANS)

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12
Q

If you mail the notice, when is it considered to be “served” ?

A

When deposited in the mail

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13
Q

For public works, serve the preliminary notice if you do not have contract with who ?

A

Direct Contractor

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14
Q

A preliminary notice must be served within how many days of starting work ?

A

20 days

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15
Q

Subcontractor are required by law to file a preliminary notice if their share of the contract is more than _____

A

$400

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16
Q

A preliminary notice for public works contract must be sent to the ____________ AND the public agency

A

Direct Contractor

17
Q

To enforce a mechanics lien, a contractor who has still not been paid for labor and/or materials must file a __________________

A

Foreclosure Lawsuit

18
Q

Can material suppliers file a mechanics lien ?

A

Yes

19
Q

Can manufactures of materials file a mechanics lien ?

A

No

20
Q

When does the mechanics lien take effect ?

A

When filed with county recorder

21
Q

An owner may file a _______, to free the property from the lien

A

Bond

22
Q

The amount of the stop payment notice bond needs to be how much of the amount claimed in the stop notice payment ?

A

125% or 1-1/4 times

23
Q

What is the purpose of a stop payment notice ?

A

Require the recipient to set aside money

24
Q

A direct contractor may file a stop payment notice to who ?

A

The lender

25
Q

On a private works job, the owner must record a copy of the bond as well as what, before work begins ?

A

Original contract

26
Q

If you do not send a preliminary notice, you may still file a claim against a payment bond within how many days after a notice of completion is filed?

A

15 days

27
Q

A notice of _______ is an official declaration that work has stopped

A

Cessation

28
Q

You would sign an ______ release when you have cash in hand

A

Unconditional

29
Q

After a job has finished, an owner can file a notice of _______ to shorten the time claimants have to file a mechanics lien or serve a stop payment notice

A

Completion

30
Q

A mechanics lien will ________ unless a lawsuit to foreclose the lien is filed.

A

Expire

31
Q

You must also file a _________ ________ after filing a lien foreclosure lawsuit

A

Lis Pendes

32
Q

A payment-bond lawsuit is filed against the ______________

A

Bonding company

33
Q

A notice of cessation is only effective if labor has ceased for at least how many days prior to recording ?

A

30 days

34
Q

When a notice of completion has been filed, the original contractor has how many days to record a lien ?

A

60

35
Q

Generally, work is considered ceased if no work is performed for how many days?

A

60 days

36
Q

A notice of cessation may only be recorded after work has stopped for how many consecutive days ?

A

30 consecutive days