Legal Question in Construction Law in California

California 20 day prelim

Can you file a prelim after the job is done? Or is this to be done before the job starts??


Asked on 4/23/08, 10:30 am

4 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: California 20 day prelim

You must serve the 20-day preliminary notice within 20 days of the time that you first started providing services or materials for the project.

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Answered on 4/23/08, 10:43 am
Terry A. Nelson Nelson & Lawless

Re: California 20 day prelim

The term "20 day" is in that title for a reason. If you intend to try to work in the construction industry, you'd better learn the rules about how to protect yourself with liens, or you're going to get stiffed. If you don't perfect your lien correctly and timely, you won't have an enforceable lien. Serve your notice of prelim to all required parties within '20 days' of starting.

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Answered on 4/23/08, 2:08 pm
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: California 20 day prelim

The 20 day notice is retro-active and covers work performed from 20 days before the notice is mailed. For example, you start work on day one and send the notice on day 30: You can lien for work done from day 11 forward; the work done from day one thru day 10 is not lienable! Hopefully, you have been paid for the earlier work. You can still sue for the entire balance due you under the contract even if part oor all of it is not lienable.

Good Luck; call if any questions.

E. Leonard Fruchter

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Answered on 4/23/08, 2:13 pm
EZRA FRUCHTER LAW OFFICES OF E. LEONARD FRUCHTER

Re: California 20 day prelim

The 20 day notice is retro-active and covers work performed from 20 days before the notice is mailed. For example, you start work on day one and send the notice on day 30: You can lien for work done from day 11 forward; the work done from day one thru day 10 is not lienable! Hopefully, you have been paid for the earlier work. You can still sue for the entire balance due you under the contract even if part oor all of it is not lienable.

Good Luck; call if any questions.

E. Leonard Fruchter

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Answered on 4/23/08, 2:13 pm


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