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Can I file as lein if I didn't file a prelein?

CaliforniaLien DeadlinesPreliminary Notice

I'm not sure if the pre liens got sent out or not. I have signed lien releases for my progress payments and have a signed contract. My suppliers I know filed their preleins

1 reply

Aug 24, 2018
California generally requires a preliminary notice (sometimes called the 20-day notice) to be provided by all participants on the project other than wage-laborers. However, direct contractors (contractors whose contact is directly with the property owner) only need to send a preliminary notice to the construction lender if there is one on the project.

This means that if there is no construction lender, a direct contractor wouldn't need to provide any preliminary notice. And if there was a construction lender, the required preliminary notice wouldn't need to be provided to the property owner.

If a preliminary notice is required, it must be provided within 20 days to protect the full amount of the labor or materials furnished to the project, but it may be given after that 20-day time period. If given "late" the notice is only effective to protect the work that was done starting 20 days prior to the date on which the notice was sent. The only way a notice can be too late is if it is sent more than 20 days after the last day on which the claimant provided labor or materials. Note, however, that if a notice is required, it must be sent in order to claim a valid and enforceable mechanics lien.
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