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Does my filed prelim need to recorded within the first 20 days on the job for the job to be protected?

CaliforniaPreliminary Notice

I sent a filed prelim to the GC and owner (no lender) within the first 20 days of starting the job, but the county hasn't recorded the document yet. Have I met the deadline to cover the job if I mailed the prelim to the right people at the right time? Or does the county have to record it to be effective? Thanks.

1 reply

Jul 8, 2020

Serving a California preliminary notice

First and foremost, when a California 20-day preliminary notice is mailed in the appropriate manner, the notice is considered served when deposited in the mail.
  • See: Cal. Civ. Code §8116(b) Notice under this part is complete and deemed to have been given at the following times... (b) if given by mail, when deposited in the mail or with an express service carrier.)
If the notice was sent by the proper means (registered or certified mail, or overnight delivery by an express service carrier) to the correct parties (owner, GC, and lender if there is one), within the proper time frame (20 days of first furnishing for full protection) then the preliminary notice requirements have been met once the notice is mailed.

Filing a California preliminary notice

As far as the filing is concerned. Filing a CA prelim is an additional and optional step that requires the County Clerk's office to inform the filing party if a Notice of Completion or Cessation has been filed on the project. This is covered under Cal. Civ Code §8214(a) "Each person who has served a preliminary notice may filed the preliminary notice with the county recorder." The statute states that each person who has served a preliminary notice may file. It would stand to reason that the notice requirements are met when served not when the notice was filed with the county recorder. The act of filing the notice won't have any affect on the claimants lien rights. Therefore, the short answer is the preliminary notice requirements are met and effective upon mailing to the required parties, not when it is recorded. For further resources, see:
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