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Do I issue a new 20 day Preliminty lien notice after a mechanics lien was closed?

My customer BPX Commercial has had a project on Happy Lane that had a mechanics lien issued & filed then removed. Apparently the project is still on going and he's pouring at the location again. Do I need to issue another 20-day notice because of what happened with the mechanics lien?

1 reply

Jan 29, 2019

That's an interesting question. However, when a mechanics lien is filed (then removed), that doesn't reset the clock and require a new preliminary notice. In the event that an entirely new contract and scope of work was entered into - to the point that it might be considered a different "job" - conceivably, additional notice could become necessary. But even then - under § 8206 of the California Civil Code, "a claimant need give only one preliminary notice to each person to which notice must be given under this chapter with respect to all work provided by the claimant for a work of improvement." That is, unless that claimant was providing work when hired by multiple subcontractors. The following resources take a deeper look at preliminary notice rules, and might be helpful moving forward: (1) California Lien & Notice FAQs; (2) Are Revised Preliminary Notices Necessary?; and (3) Deep Dive on California Preliminary Notice.

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