Non-Responsibility Notices and Preliminary Notice Forms
Send the Owner a Preliminary Notice even if they've filed a Non-Responsibility Notice
Question: We are the GC. The Property Owner is filing a Non-Responsibility Notice, do we still list them on the Preliminary Notice?
Brandy, Facility Builders, Anaheim CA
Answer: A notice of non-responsibility is not necessarily valid. It must be posted during the 10-day period following the owner's learning that construction is occurring at the request of a tenant.
Therefore, the owner should always be listed on and receive a preliminary notice despite the notice of non-responsibility.
The tenant should also be listed on and receive a preliminary notice unless the claimant is contracting directly with the tenant.
Thank you to Dave Barnier for the above response. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.
The information in this article is based upon California law and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.
Purchase: California 20-Day Preliminary Notice Forms - Instant Download
Purchase: California Notice of Non-Responsibility Forms - Instant Download