Legal Question in Construction Law in California

IF YOU PRELIEN A PROJECT FOR 50K AND A NOTICE OF COMPLETION IS FILED BEFORE RETENTION IS PAID AND LIEN RIGHTS HAVE EXPIRED BUT THEN YOU RECEIVE A CHANGE ORDER AGAINST THE ORIGINAL CONTRACT AMOUNT FOR 40K...DO YOU RE PRELIEN FOR 90K, FOR RET OF 5 + 40 = 45K OR JUST 40K


Asked on 7/23/09, 6:47 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

If you are referring to the preliminary 20 day notices, this notice must be given within 20 days. You are only required to give a good faith estimate of the cost of the work. Change orders that change the contract do not require a revised preliminary notice.

If your lien rights have expired, serving a new preliminary notice will not revive them. You should contract a local construction attorney to see if your lien rights have truly expired.

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Answered on 7/27/09, 3:07 am


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