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Do I File a New Preliminary Notice when a New Party is Added after work has been completed?

CaliforniaPreliminary Notice

We just were notified a Lender was added to the project after we completed and were given new preliminary information. We completed all the work 30 days ago. Should we still file a new California preliminary notice? I understand we have to notify the new lender, but will we have a claim to the work we did over 20 days ago? State: California

1 reply

Sep 30, 2019

Good morning! Based on the facts you provided, it does not appear that serving a preliminary notice at this juncture will help your claim. If the lender was truly "added to the project" --- there was likely no obligation on your part to serve the lender with the preliminary notice. That said, it is important to remember that you will have to timely enforce your statutory rights (e.g., lien, stop payment notice, claim on payment bond) depending on the type of project. If you do additional work on the project, then the answer to this question may change.

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