We have 2 contracts for the same project. We would like to send the preliens to the owner in one envelope being sent via USPS Certified Return Receipt.
1 reply
Oct 10, 2018
That's an interesting question and a relatively uncommon situation. On one hand, there's nothing in the California mechanics lien statute specifically requiring that each prelim be sent separately. On the other hand, if a mechanics lien (or two mechanics liens) did unfortunately have to be filed on the job, sending multiple notices in one envelope could potentially create confusion. In California, the claimant must provide proof of notice when filing a mechanics lien. If two separate notices are sent in the same envelope, it's easy to see how confusion could arise - the recipient could attempt to argue that one notice was sent but not the other, etc. Of course, that's a little attenuated, and the claimant could certainly provide an affidavit stating that the notice was properly sent as required. While the safest way to send notice would certainly be to send notice separately, thereby generating proof that both notices were sent as required, a claimant could potentially send both notices together and that could be sufficient to satisfy notice requirements (if all other deadlines and requirements are followed, of course).