Do I need to lien a project if I’m the General Contractor on the job?

1 week ago

We just sent out a Preliminary Notice for the 8009 Franklin job. Is that necessary if we’re the General Contractor? Or only if we’re the sub? Is this effected differently if the owner is a in Washington state?

Legal Associate Levelset
27 reviews

For all private construction projects within the state of California, a preliminary notice is required to be sent in order to secure mechanics lien rights. This includes general contractors. This should be sent within 20 days of first furnishing labor or materials to the project. For GC’s it needs to be sent to the owner by registered or certified mail, express mail, or overnight delivery by an express service carrier. This applies, regardless of where the owner is currently located.

Sending the notice doesn’t invalidate your lien rights, but it will limit them to any value provided in the 20 days preceding when the notice was received, and all work and materials thereafter. In addition to mechanics lien rights, failing to send a preliminary notice can also lead to potential fines from the CA Contractor’s State Licensing Board.

Here’s some additional reading on CA prelims:

Disclaimer: Disclaimer: NOTE. The information presented here is for informational purposes only. It is not legal advice and should not be construed nor relied upon as such. Furthermore, this posting does not create an attorney-client relationship. If you need legal advice, seek the counsel of a licensed, local attorney.
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