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Does sending samples start the prelim notice clock for material supplied?

California
Anonymous Material Supplier

If I send samples to a project, does that start my prelim 20-day notice countdown for 'material supplied' on a project? Typically we don't do a substantial order for quite some time after samples are sent. Often we'll charge a few hundred for the samples

1 reply

It is a great question and one that I do not believe has been squarely decided by the appelate courts here in California. I wonder whether the samples would be lienable (e.g., are they "used and consumed" in the project?) That said, it is always better to serve the prelimianry notice early so when in doubt, why wait? Send it out....

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