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Does a subcontractor provide notice / list other companies it hires on a private preliminary notice?

CaliforniaPreliminary Notice

I am a subcontractor in California and I may hire another company to assist me with completing a job. When I send a Preliminary Notice to the head contractor (multiple tiers above me) - do I list the other company(ies) that I hire on the 4th page of the Private Preliminary Notice "SUBCONTRACTOR CLAIMANT'S NOTICE OF UNPAID COMPENSATION AND EMPLOYER PAYMENTS OWING TO LABORERS AND ENTITIES DESCRIBED IN Civil Code 8802 (B)" "The name(s) and address(es) of the laborer(s), as defined by Civil Code 8024, [and the express trust fund(s)] to whom compensation [and employer payments] are due and payable is/are:" **This is where I'd like to know if I should be listing a company(ies) and or individual(s) that I may hire?** I look forward to hearing back from someone with clarification on this. Thank you.

1 reply

Jun 7, 2019

Good question! California does not require a contractor or a subcontractor to list all of their subs or hired hands on their preliminary notices. However, listing some parties may be required though, in certain situations.

Specifically, if a subcontractor has hired laborers but has failed to make payment to them or has failed to make the appropriate contributions to an Employee Trust Fund at the time the preliminary notice is sent, that subcontractor must list the unpaid laborers and/or the name of the fund to which payments are due, as well as the addresses at which they can be reached.

Of course, it's worth mentioning that informing a head contractor and/or the owner of any subs or laborers hired on the job is a great way to establish a collaborative project. When the contractor and owner are comfortable that they understand who all is providing work, they can confidently communicate and send payments down the payment chain.

For more information on California preliminary notices, these resources should be valuable:
(1) About California Preliminary 20-Day Notices | Levelset
(2) The Ultimate Guide to California’s 20-Day Preliminary Notice
(3) California Lien and Notice Overview, FAQs, and Statutes.

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