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I missed my California preliminary notice deadline what are next steps or what are my options

California

Donna is the homeowner who was acting contractor when she hired my company to tile her showers

2 replies

Feb 10, 2023

The first inquiry would be whether you were required to send a preliminary notice. Typically, parties contracting directly with the property owner (typically the prime or general contractor) do not have to send a preliminary notice. If you are a subcontractor or material supplier, or did not contract directly with the property owner, you were probably required to send one.

If you are required to send a preliminary notice, do so right away. A notice can be filed at any time during the project. The catch, though, is that it only protects work performed up to 20 days before it is served. If the project is long finished, it probably will not protect you. But, if the project is ongoing or recently completed, it's always a good idea to get the notice served.

Even if you missed your notice window and cannot file a mechanic's lien to protect the debt owed to you, you can always consider a standard breach of contract claim against any party that owes you money. 

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Feb 13, 2023

If you had a direct contract with the property owner, then no preliminary notice is/was necessary. You can still file a Mechanic’s Lien on the project if the project was completed no more than 90 days ago (assuming no notice of completion was recorded). I’m happy to answer any questions you have about this.

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