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Does the 20-day preliminary lien notice go to all lenders if more than one?

CaliforniaPreliminary Notice

I am an architect in California and want to reserve my lien rights on a project by filing a 20-day preliminary notice. I understand that the notice must be sent to the lender. I do not know who the lender is. It is possible that the owner has secured project funding from multiple lenders and/or investors. Must I discover who they all are and notice everyone? How is this done if the owner is uncooperative and refuses to provide their contact information?

1 reply

Nov 7, 2020

On private construction projects in California, the preliminary notice must be served on the: 

  • The owner or reputed owner
  • Direct contractor (GC) 
  • Construction lender (if any) 

Although finding the information for each of these parties on a project can be very difficult, you have the right to request this information from the party who hired you. By making the requests, you are protecting yourself. The best practice is to make the request, and do as much diligence as possible. 

Levelset further provides information on California preliminary notices and how to find lenders. The great news for subcontractors and suppliers is that direct contractors and property owners now have affirmative obligations to inform them of who is lending to the project according to California's §8208 and §8210 mechanics lien law. The law now makes it clear that the information shall be made available to anyone required to deliver the preliminary notice. 

I hope that helps! 

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