Home>Levelset Community>Legal Help>Can I file a CA Preliminary Notice too early?

Can I file a CA Preliminary Notice too early?

I'm a subcontractor and I would like to ask the following questions regarding CA Preliminary Notices: - What is the earliest a company can file a CA Preliminary Notice? What happens when a notice is filed before work commence? - What happens when a company filed the CA Preliminary Notice but the project gets delayed for a year or longer. Is it recommended to file the notice again once work has started on the project? Please provide links as well. Thank you.

2 replies

Mar 6, 2021

There is no problem with providing a Preliminary Notice early, so long as the information contained in the notice adequately advises the recipient of the information required to be included in the notice. If it is the same project, even if it is delayed for a year, the preliminary notice is still good for that project.

1 person found this helpful

Helpful

Mar 10, 2021

You don’t have to have started work on the project to send out your preliminary notice. In fact, I think it’s best to send out your preliminary notice as soon as you sign the contract. That way you don’t have to worry about capturing all of your work if you wind up having to file a lien on the project. If the project is delayed for a year or more, I think it’s a good idea to send a new preliminary notice out, after making sure that all of the information is the same. Things may have changed over the year (i.e. a new owner or lender) so you may need to update your information. I’m happy to answer any questions you have about this.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955

0 people found this helpful

Helpful