We are a Time & Material (Cost plus benefits) subcontractor for a public job in California and have signed a contract with the general contractor. We were unaware of the 20-Day California Preliminary Notice and didn't send a notice to the owner at the start of the job. The project is finished and has passed all the tests given by the inspectors. The General Contractor has gotten paid the full amount on our contract and has yet to pay us since January of this year. Can I still send a stop notice even if we haven't sent a 20-day Preliminary Notice to the owner?
Note that Civil Code 9300(b)(2) provides that "[a] claimant that has a direct contractual relationship with a direct contractor is not required to give preliminary notice."