California Real Estate Practice Exam

Which of the following would NOT be eligible for filing a mechanic's lien?

1. Architect

2. Handyman, if more than 75 days has elapsed since recording of notice of completion

3. None of the above

4. Subcontractor, if a notice of completion has been recorded within the past 29 days

The correct answer is: Architect

The correct answer highlights that an architect would not be eligible for filing a mechanic's lien. Mechanic's liens are intended to protect those who provide labor or materials for the improvement of real property, such as contractors, subcontractors, laborers, and suppliers. While architects may contribute to the design and planning of a project, they do not directly supply labor or physical materials in a manner that falls under the protection of mechanic's lien statutes. Therefore, they do not have the same legal standing to file a lien as those who directly contribute to the physical construction or improvement of the property. In the context of the other options, note that a handyman may file a mechanic's lien if the timeframe aligns properly with project completion and notice of completion requirements. Similarly, subcontractors can also file a lien if they meet the stipulations regarding notices, but the precise timelines must be adhered to in order to retain their eligibility. In contrast to architects, these parties are directly involved in the labor and material contributions to a project, which is why they can file a mechanic's lien under applicable state laws.