Legal Question in Construction Law in California

I am a licensed contractor in California. I began work under contract 38 days ago. I did not file a preliminary notice. The job is completed and I am concerned that the owner is not going to make the final payment for the last phase of work. Can I file a preliminary notice to preserve lien rights for the work completed in the last 20 days?


Asked on 2/09/11, 3:25 pm

2 Answers from Attorneys

If you had a direct contract with the owner, you do not have to give the 20-day notice. If you were a subcontractor, yes, you can give the notice now and it will be good as to work done in the 20-days prior to today.

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Answered on 2/09/11, 4:10 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

If you were in contract with the owner, the preliminary notice requirement doesn't apply to you. That is for subs and material and machinery suppliers.

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Answered on 2/09/11, 5:09 pm


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