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Home>Levelset Community>Legal Help>CC 8200(e)(1)(2) scott says First, there is no longer use of the confusing “contractor” term. The law now just refers to the “claimant,” which means that every possible claimant is included in the exemption including material suppliers, subcontractors, so when is a prelim to owner needed?

CC 8200(e)(1)(2) scott says First, there is no longer use of the confusing “contractor” term. The law now just refers to the “claimant,” which means that every possible claimant is included in the exemption including material suppliers, subcontractors, so when is a prelim to owner needed?

CaliforniaPreliminary Notice

sub contractor not payed by pricontractor contracted from lowes. CC says 8200 (e)(1) A laborer in not required to give prelim notice . Scott Wolfe say any claminet is exempt ??

1 reply

Mar 25, 2019
That's a good question. I believe you're referencing this post: California Preliminary Notice: The General Contractors Requirement. To clarify what Scott was saying - first and foremost, laborers are not required to send preliminary notices. Now, regarding the "exemption" - this refers to §8200(e)(2) of the California Civil Code, which indicates that claimants who were hired directly by the property owner do not need to send preliminary notice to anyone other than a construction lender (if one is present on the project). So, with that in mind - the only parties who do not need to send preliminary notice in California are (1) laborers, and (2) those who have a contract directly with the owner of the property when there is no construction lender. If there is a construction lender, a party hired directly by the owner must still send notice to that lender, and everyone not hired directly by the owner (other than a laborer) must send notice in order to preserve the right to lien. For other questions on California's notice and lien requirements, these resources should be valuable: (1) California Lien & Notice Overview; and (2) Guide to California's 20-day Notice.
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