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Do we update a Prelim 20 day notice?

CaliforniaPreliminary Notice

I'm a subcontractor working at UCSF. Our original scope was to furnish & install metal framing, insulation & drywall for a total contract value of $148,151.00. We are now being asked to quote additional scopes of work including waterproofing and plastering. This scope would increase the contract a significant amount. Our question is do we need to update the 20 day Prelim notice with these additional scopes and revised contract value?

1 reply

Aug 13, 2020
There is no specific requirement to send a revised California preliminary notice. In fact, California law specifically protects against situations such as this under Ca. Civ. Code §8206: (a) Except as provided in subdivision (b), 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. (b) If a claimant provides work pursuant to contracts with more than one subcontractor, the claimant shall give a separate preliminary notice with respect to work provided pursuant to each contract. (c) 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. The amount set forth in the preliminary notice is merely an estimate of the work to be performed. The statute explicitly states that a separate notice is only required for work performed under a new contract with a different party. Lastly, the notice will cover work provided after the notice was sent, regardless if the amount or work exceed the scope of the initial notice. Sending a revised preliminary notice could cause problems if challenged in a lien enforcement action. For more on this topic see:
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