Can a 2nd tier supplier provide a pre lien to preserve their lien rights? (California)
Jun 14, 2018
That's a common question, but it's important to clarify to whom the materials are being provided. If the materials are being provided to another supplier in California, the 2nd tier supplier will likely not have mechanics lien rights in California (more on that here: Do Material Suppliers to Suppliers Have Lien Rights?. Of course, it's a good idea to send notice even when it's not required. If a preliminary notice feels too official, a Project Awareness Letter can be a helpful substitute (note, though, this will not fulfill any statutory notice requirement). Anyway, if the supplies are being provided to a subcontractor, under sections § 8400-8404 of the California Civil Code, a material supplier will likely have the right to file a mechanics lien - and sending notice would be necessary to preserve that right.