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Do I have to file a new preliminary notice in California if the job has lasted 3 or more years?

CaliforniaConstruction Contract

As a material supplier we often find ourselves on the same job over a period of 3 or more years. Is there any reason why we would have to file a new preliminary notice on the job to secure our rights?

3 replies

Jan 20, 2021

Good afternoon! You ask a good question and the answer is -- --- "it depends!" Assuming you initially provided a preliminary notice on this project, did you later provide a conditional or unconditional waiver and release? Also, is this a private, public or federal project and how long since you last furnished to the job? The answers to these questions may help secure a correct answer!

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Jan 21, 2021

In order to perserve your right to record a mechanic's lien, you're required to provide preliminary notice within 20 days of supplying material to a project. There is no requirement that you provide new or updated notice during the course of the project, no matter how long it lasts. However, some projects are broken into phases (for example, a large housing project can be divided into separate lots), in which case you would be wise to provide a new notice for each phase.  

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Jan 22, 2021

It’s not necessary in most cases. However, if the dollar amount of the materials you’re supplying has increased a lot from the amount you listed in your preliminary notice, it would be a good idea to send out a revised preliminary notice showing this new amount so the owner (and lender, if any) are made aware of this.

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