CSLB Contractor's Law & Business Practice Exam

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What is the potential consequence if a contractor fails to file a mechanics' lien within the designated time frame?

  1. The right to claim unpaid dues may be lost

  2. The contractor can request an extension

  3. The contractor must go to court

  4. The contractor will be sued

The correct answer is: The right to claim unpaid dues may be lost

If a contractor fails to file a mechanics' lien within the designated time frame, the right to claim unpaid dues may be lost. Mechanics' liens are legal claims against a property that ensure payment for work performed or materials supplied. However, these liens are time-sensitive, meaning they must be filed within a specific period after the work has been completed or the materials have been delivered. Once this time period has expired, the contractor forfeits the ability to enforce their right to payment through the lien. This serves as a protective measure for property owners to ensure they are not indefinitely encumbered by outstanding claims from contractors or suppliers. Therefore, timely filing is critical for securing these rights, and without it, contractors may find themselves unable to recover the funds owed to them for their work. The other options involve actions that may not be valid consequences of missing the deadline for filing a mechanics' lien. For instance, requesting an extension may not be permissible once the time frame has passed, and going to court or being sued are measures that could occur after filing a lien, but they do not address the immediate consequence of failing to file within the designated time.