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Filing a Lien

California

Can a lien be filed if a preliminary lien was not filed?

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Oct 20, 2021

Filing a preliminary notice isn't necessarily required, but serving a preliminary notice is typically a prerequisite to filing a mechanics lien in California.  

Generally, all parties who didn't contract directly with the property owner are required to send a 20-day Preliminary Notice in order to secure lien rights in California. However, if the project has a lender, then direct contractors (such as GCs) are required to send notice to the lender. Late notice is still effective, but will only secure lien rights for the value of labor and/or materials provided in the 20 days preceding the notice and everything thereafter. 

Here are some resources you may find helpful:

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Oct 28, 2021
Yes, you don’t have to have sent out a Preliminary Notice if you have a direct contract with the owner. However, if you are a sub or a supplier hired by the GC or another sub, you must timely send out a Preliminary Notice to have lien rights. I’m happy to answer any questions you have about this.
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