Legal Question in Construction Law in California

Re: Owner Builder Preliminary 20-Day Lien Notice

I believe the need to deliver and file a 20-day notice hinges upon not being in direct contract with the owner. If the owner is acting as his own contractor, people who would otherwise be subs are in direct contract with the owner and therefore need not use 20-day preliminary lien notices.

Re: Owner Builder Preliminary 20-Day Lien Notice

If your contract is directly with the owner, you are a Prime contractor, not a Sub-contractor. Nevertheless, you are required to serve the 20 day notice uless you have total control of the project. If there are other specialty contractors on the project you are not "The Contractor" and you need to send the notice to have Mechanic's lien and Stop Notice rights. Even if you are not required to serve the notice, doing so cant do any harm.

E. Leonard Fruchter