CSLB Contractor's Law & Business Practice Exam

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What is the first step for a contractor when filing a mechanics' lien?

Obtain the name of the legal owner of the property.
Obtain the legal description of the property.
Determine the percent of ownership.
Find out if the work requester is the owner.

The correct answer is: Obtain the legal description of the property.

The first step for a contractor when filing a mechanics' lien is to obtain the legal description of the property. This is essential because the legal description provides a precise and official identification of the property in question, ensuring that the lien is properly and accurately attached to the correct piece of real estate. A mechanics' lien must identify the property where the work was performed or materials were provided, and the legal description is critical for this purpose. While other factors, such as knowing the name of the legal owner or determining ownership percentages, are important in the overall process, they are secondary to establishing the legal basis for the lien itself. Without an accurate legal description, any lien filed could be deemed invalid, leading to potential complications in enforcement and collection. Thus, starting with the legal description ensures that the contractor is laying the correct groundwork for the mechanics' lien process.