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Can a Direct Contractor serve a NOC to subs/vendors on behalf of an owner

Anonymous General Contractor

We filed a Notice of Completion on behalf of a Property Owner in CA. However, we just found out that anyone who has a preliminary notice on the project must also be served the NOC within 10 days. Can we, as the Direct Contractor, serve that on behalf of the Property Owner as well or must the Property Owner serve the NOC themselves?

1 reply

Sep 2, 2020

Ultimately, the most important thing is that parties who sent preliminary notices receive a copy of the Notice of Completion ("NOC") on time. If the owner has their GC send notice of the NOC to those parties, that's likely acceptable if the recipients actually receive the notices on time. Plus, notices are typically mailed via certified or registered mail. So, if the notices are mailed, including the owner's address as the party sending notice of the NOC filing might be sufficient, as well. Going by the exact letter of the law, § 8190(a) of CA's lien statute requires that the owner send notice of the NOC. But, someone sending notice while acting as the owner's agent should fulfil that requirement for them.

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