I furnished most the labor over 20 days ago but the project is ongoing and incomplete. Can I still file Preliminary Notices

Answered 6 months ago

1582 Answered Questions

Matt Viator

Legal Associate Levelset

Great question! That's one we get pretty often. In California, preliminary notice can be sent beyond the 20 day deadline to send notice. However, when notice is sent late, it will only preserve the right to lien for all work performed in the 20 days preceding the notice, as well as all work that follows the notice. Thus, sending late notice is often worthwhile. Plus, there are numerous benefits to sending notice beyond just the preservation of lien rights - and notifying other parties that you're on the job and opening lines of communication will often go along way to avoiding payment problems in the first place. For more information on California preliminary notices and mechanics liens (including an answer to "What if I Send the California Preliminary Notice Late?"), check out the zlien California Lien & Notice FAQs. For an in-depth look at California notices specifically, this article is a great resource: What Is a California 20-Day Preliminary Notice?

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