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Do I need to re-send prelim's after a change order?

We have done the original prelim notices according to the contract amount. let's say the contract was $100,000.00 and we have been paid that amount. We have several change orders for the project that total over $50,000.00 do we need to do additional prelim's?

2 replies

Aug 28, 2020

As long as the work being performed is under the same contract, an additional preliminary notice won't be necessary. First and foremost, the amount required to be included in the CA 20-day notice is an "estimate of the total price of the work." Furthermore, the statutes explicitly mention that only one notice will be required unless the additional work is pursuant to a separate contract. Lastly, under the same statute (Cal. Civ. Code §8206) subsection (c) states that "A preliminary notice that contains a general description of work provided by the claimant through the date of the notice also covers work provided by the claimant after the date of the notice whether or not they are within the scope of the general description contained in the notice." Here are some other resources you may find helpful, one of which is directly on point:

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Aug 28, 2020

No - you only need to serve one preliminary notice. It does not matter that a bunch of change orders caused the total contract amount to increase.

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