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How do I submit a prelien for contract that covers 3 addresses/APNs?

CaliforniaPreliminary Notice

We have a contract that includes 3 addresses/APNs. The project description: Subject site APN: 082-050-020 [roughly triangular shaped property] Adjacent sites: APN 083-320-070 & 083-320-060 How do I include this all in one prelien? If I can't how do I process this? - The contract amount encompasses all sites.

1 reply

Nov 27, 2018
That's a good question. First, it's worth noting that the number of notices required directly ties to if more than one lien would be required (if things came to that, of course). In California, one lien claim could be filed for multiple works of improvement under certain conditions under § 8446 of the California Civil Code. The conditions that seem relevant here are: (a) The works of improvement have or are reputed to have the same owner, or the work was contracted for by the same person for the works of improvement whether or not they have the same owner; and (b) the claimant designates the amount due for each work of improvement (and if the contract was to pay a lump sum for all improvements, the claimant must estimate a fair distribution of the claim on each property based on the work provided). Thus, if one contract was entered into for the improvement of multiple properties, one lien claim could be made for the properties so long as the works have the same owner or were contracted for by the same person, but such a lien claim would need to apportion the amount owed to the separate properties. Where only one lien claim would be necessary, only one notice is necessary - however, it is likely a good idea to set out each property that would eventually be subject to lien and to estimate a portion of the contract price that can be attributed to each. Of course, note that sending separate notices, even if it might not be required, is always a safe option. When it comes to preserving lien rights, being overprotective is often worth the trouble. As for how to specifically include multiple addresses in the text of the notice - it might not be pretty, but manually adding each address to a notice can certainly be done.
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