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How late can I file a Preliminary Notice?

CaliforniaLien DeadlinesLien PriorityNotice of Intent to LienPreliminary Notice

Hello, my company is having trouble collecting on a 5 month past due account in the amount of $90,171.66. We have made multiple attempts trying to call the owner and several different other people that pertain to this project, but as of yet no response. We have not sent any prerequisite documents (Conditional Waiver or Prelim) but do need to move further with this account. It has been 5 months past due, we are aware that we have way passed the 20 day Prelim deadline, would my company still be able to file a Preliminary Notice for this project? if not, how would we be able to go about securing our mechanic lien rights?

1 reply

Apr 22, 2021

A preliminary notice will preserve mechanics lien rights for materials furnished in the future and in the 20-day period prior to the date of proper service of the preliminary notice. https://www.levelset.com/preliminary-notice/california-preliminary-notice-faqs/

If there have been no recent material shipments and no future shipments planned and you have not directly sold to the project owner, you may be out of luck as far as lien rights but you should consult with an experienced construction attorney regarding your company's specific situation. Even if there are no lien rights, you have other rights that may be pursued.

--CN

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