We are a plumbing contractor. The owner took over the job from the general that hired us The general contractor has paid us up to date. (2 new construction homes).We have 3 invoices out They are not responding to emails invoicing. We did not a preliminary notice Thank You for your guidance Travee
If you are now working directly for the owner, you are not required to provide preliminary notice. You are eligible to record a lien as a direct contractor. And even if the continued work was construed as taking place under the original contract with the GC, you would arguably be eligible for a lien due to the owner's actual knowledge of your work.
But depending on how you documented the transfer of responsibilities from the former GC to the owner, you might have some CSLB exposure for failure to utilize a written contract or, if this is a residence, failure to utilize a home improvement contract.
If you require legal assistance email me at ryan@huntortmann.com to schedule a free consultation.