Legal Question in Construction Law in California

Re: 20-Day Notice for Landscapers

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Re: 20-Day Notice for Landscapers

Chances are you don't need to do a thing except wait and see what happens. The 20-day preliminary notice is not a mechanics lien claim or lien of any sort. It is not recorded, so it is not a cloud on title. The notice is designed to alert property owners that subcontractors and suppliers intend to provide labor and materials to a work of improvement on the owner�s property. This allows the owner to make sure that his original contractor (the entity with whom the owner contracts directly) provides labor and material releases from those subs, suppliers and laborers before making payments to the original contractor. The preliminary notice is the first step necessary to perfect a mechanic's lien, but it preserves lien rights only for labor and materials provided to the work of improvement within the last 20 days before serving the notice, and labors and materials provided thereafter.

If the 20-day notices are coming from people that you hired directly, the notices are superfluous, as original contractors do not need to serve preliminary notices to perfect their lien rights. If they�re going to record liens, the fact that they served 20-day notices is meaningless. If they record lien claims, you�ll have to see if they�ve done the rest of the things necessary to perfect their lien, like recordation and then filing suit to foreclose within the statutory deadlines.

Otherwise, if the 20-day notices are coming from subcontractors of the landscapers with whom you contracted directly, chances are they served them too late. If the subcontracting landscapers performed their last work more than 20 days before the prelim notice, they have no lien rights.

Finally, whether or not a landscaper has lien rights depends on the nature of what they did. If they actually did things like seeding, sodding or planting, and subsequent maintenance to insure the viability of the plantings, they probably would have lien rights. However, if they�re just mowing and watering plantings that were already in place, chances are that a court would not grant them lien rights.

It would probably be a wise idea to contact a lawyer in your area who knows the Mechanics Lien Law and discuss the matter with him or her. You should also get their input on what duties of disclosure or other obligations you might owe your buyers regarding potential liens, even if the work stopped before escrows closed.

Re: 20-Day Notice for Landscapers

As to properties closed, nothing; they are late and ineffective. As to others, contest them as appropriate by sending letters confirming your payment and their error, so you can show that in court if sued or if liens are actually filed on the properties. Unless they take legal action, you need do nothing more. If you need legal help doing this, or defending any legal action, feel free to contact me if this is in SoCal.