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??
4 Answers from Attorneys
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.
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.
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
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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Can I Lien Property without filling a pre-lien I have done several jobs for a... Asked 4/11/08, 12:47 pm in United States California Construction Law