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Does including a last furnishing date on a CA notice limit our protection?

California

We're a supplier, and we typically include the last furnishing date on our notices. However, we're concerned that this could create problems and give the owner defenses that they would not ordinarily have. In addition, if we decide to sell this customer again for this job, will we need to serve a new preliminary notice since the notice lists a last furnishing date?

2 replies

Oct 25, 2021
This will be situation specific so for each, you should consult your attorney to review the specific facts with you and provide you legal advice. With that said, generally your last furnish date isn't the triggering date for deadlines and they run from the deadline of the project so including your last funish date won't make much of a difference. Selling again to a customer will depend on circumstances such as have you provided a final waiver and release, have you recorded a lien and filed a lawsuit etc.
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Oct 28, 2021
I agree that it’s a better idea NOT to include a last furnishing date on your preliminary notice. It’s not required and could be used against you in the future. I’m happy to answer any questions you have about this.
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