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California Preliminary Notice

CaliforniaPreliminary Notice

I am a branch 3, licensed structural pest control operator that has already sent an intent to lien notice to a home owner. I am ready to file the actual lien but have a question regarding the preliminary notice. A preliminary notice was not sent and it's well beyond the 20 days of start of work. However, my company work order or contract that the property owner signed, dated and agreed to, when authorizing the repair work and prior to the start of work, has a California mandated Mechanics Lien Notice statement. It reads as follows: MECHANIC’S LIEN NOTICE NOTICE TO PROPERTY OWNER(S): (Section 7018 of the California Contractors License Law, Business & Professional Code Div. 3 Chap. 9) Provides under the Mechanic’s Lien Law any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for their work or supplies has the right to enforce a claim against your property. This means that after a court hearing, your property could be sold by the court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your prime contractor in full, if the subcontractor, laborer or supplier remains unpaid. My question is, does this statement legally satisfy the prelim notice requirement or am I out of luck. I don't want to spend more money on a bad debt by filing the lien, if it will not be enforceable or registered over a lack of a prelim notice.

2 replies

May 12, 2020
You are not required to send a preliminary notice when you have a direct contract with the property owner (unless there is a lender and you want to be able to serve a stop payment notice on the lender). Otherwise, the preliminary notice requirement only exists if your contract is with a different party, such as a general contractor or tenant. Based on your description above, it sounds like your contract was directly with the homeowner. Meaning there was no preliminary notice requirement.
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May 12, 2020
Thank you.
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