California Preliminary Notices
- Protect Your Lien Rights -
preliminary notices MUST BE PROCESSED when
you do work on, or supply material to, construction projects OR
you could LOSE YOUR LIEN RIGHTS!
(Preliminary Notice forms and Notice to Owner forms for other states)
*In addition, the form you use MUST contain
the EXACT text required by the new California Civil Codes or it isn't valid, which means again that you could lose your lien rights. The
form we have available does contain the new text... ;)
Being a part of the construction industry
is truly wonderful... when your customers pay you. But
what about those times when your customer isn't willing to pay
you for a job well done? Unfortunately, walking around muttering
$#% - #*$% - #*$% won't pay your bills... ;-)
Filing a mechanic's lien on the owner's property
is often your last chance to collect on the money that is owed you. This
is where the importance of California
preliminary notices becomes most clear.
If you don't process your preliminary notice
form, most often the penalty is that you are not allowed to file
a mechanic's lien on the owner's property which means your last chance
just went *poof*....
*In addition, in California it's a violation of the Contractor's License Law to not do your preliminary notice when you're a Sub on a job! [California CC Section 3097(h)]
Not being allowed to file a mechanic's lien
means that you could very well lose out 100% and collect absolutely
none of the money that is owed you!!
Next article in this series:
California Preliminary Notices
20 DAY PRELIMINARY NOTICES
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be doing preliminary notices like a PRO in no time! :) Click
Read on, you'll be shocked at how easy it is to get "stiffed" when you don't protect your right to lien...
All articles in this series:
20 Day Preliminary Notices and Mechanic's Liens
Important: Even if the Owner has paid your customer in full, if YOU haven't been paid then you STILL file your lien. Here's why...
California 20 Day Preliminary Notices, the 20 day mark
What the 20 days means...
Getting the Preliminary Notice info from your customer
Don't be nervous about asking your customer for the preliminary notice information
California law governs the text of the preliminary notice form
Make sure your preliminary notice form has the correct text or you may end up without lien rights.
Certified Preliminary Notice mailings that are refused
California civil code protects you against refused certified mailings of 20-day preliminary notices
Photo-Copied Signatures on California 20-Day Preliminary Notice Forms
The preliminary notice form itself can be a photocopy but the signature must be original or "wet"
Amending Preliminary Notices
You've issued your preliminary notice and now your customer is increasing the amount of work he wants done. Should you amend your preliminary notice by sending another one?
Preliminary Notices and Non-Responsibility Forms
The Owner filed a Notice of Non-Responsibility. Should the contractor/supplier still send the Owner a preliminary notice?
Dollar Amounts on Preliminary Notice Forms
Do you need to include a dollar amount on preliminary notices or can you send it without a dollar amount?
Disclaimer: While every attempt has been and will be made to keep the information at this website accurate and up-to-date, we do not represent ourselves as experts. For specific legal questions and/or expert assistance we recommend that you contact an attorney.