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Is it too late for me to send a preliminary notice?

CaliforniaMechanics LienPreliminary Notice

We are a GC and previously our owners never filed Preliminary Notices toward our clients, however, we had many of our subs provide preliminary notices on the work. We are having issues obtaining final payment. Is it too late to send a notice, which I understand is a perquisite? We want to be able to place a Mechanics Lien if the client does not move forward with payment.

3 replies

Feb 4, 2021
Good news! If you are in direct contract with the owner, you do not have to serve a Preliminary Notice. You may proceed with recording a mechanic's lien, so long as you are within the time frame for the recording, which will vary depending on whether there has been a valid Notice of Completion recorded. Remember, you have 90 days after the recording of the Mechanic's Lien to file your lawsuit, or your lien will not longer be enforceable.
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Feb 7, 2021
If you have a direct contractual relationship with the owner you do not need a Preliminary Notice. Please do not hesitate to call me with any questions.
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Feb 9, 2021
In California, a general contractor is not required to send a preliminary notice to the owner unless a lender is involved.  The theory is that the owner knows who he/she hired who may have lien rights against their property.  Only subs and suppliers are required to send  a preliminary notice since the owner didn’t hire them directly.
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