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Have some questions about my order Levelset order # 9870698

California

What happens if i did not file a prelien or 20 day notice. I am past due and have paid for the order.

1 reply

Aug 29, 2022

To preserve your full lien rights for the work, the preliminary notice must be served no later than 20 days after you first provided work to the jobsite. If you serve the preliminary notice more than 20 days after starting work, then your lien and stop notice is effective only for unpaid services and material furnished within 20 days before service of the notice and after service of the notice. (I assume you're talking about construction work and not design work.) So if you performed any work within the last 20 days or are continuing to perform work, you should serve your preliminary notice to preserve your lien rights for at least of portion of the work.

If you have a direct contract with owner, you may not be required to serve a prelminary notice.

In addition, you will still have a claim for breach of contract even if you don't have lien rights. You just won't have the leverage of a lien.

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