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Am I legally allowed to not make a prelim until told to do so?

I was recently given instructions to not create a prelim until given instruction to do so. My question is am I legally allowed to hold off on making said prelim? The sales order for this prelim was created in January and it is now March. Would there be any legal issues I'd run into holding off?

1 reply

Mar 11, 2021

The only way you can preserve your right to assert a stop payment notice or a mechanic's lien is by serving a Preliminary Notice. If you have already delivered the materials to the project more than 20 days ago, you have waived your lien rights. You can serve a Preliminary Notice now, and it will capture any future deliveries or work performed from the date of the notice, including twenty days before the notice.

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