Legal Question in Construction Law in California

Mechanic lien

I understand that you have 90 days after filing a lien to foreclose on the lien. Is that 90 business days, or 90 calendar days?


Asked on 4/17/02, 10:38 pm

2 Answers from Attorneys

Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Mechanic lien

You should look up CA Civil Code 3109, et seq., especially Sections 3114 & 3115. It depends on whether the Lienholder is a general contractor.

The above advice is not intended nor shall be deemed legal advice nor does it create an attorney-client relationship. It is meant solely as a starting point for further research on this particular issue.

Read more
Answered on 4/18/02, 1:36 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Mechanic lien

Section 10 of the Civil Code deals with the computation of time: "The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is also excluded." Section 7 defines holidays as every Sunday and other legal holidays.

All of this means that unless a statute specifically refers to 'business days' or 'court days' -- and a few do -- every day is counted EXCEPT if the LAST DAY happens to be Sunday or a holiday, the deadline moves to the next non-Sunday, non-holiday day.

Read more
Answered on 4/18/02, 1:35 pm


Related Questions & Answers

More Construction Law questions and answers in California