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How much can I add to my sale price on a preliminary Notice?

CaliforniaPreliminary Notice

I have a public project in Cali that requires a preliminary notice, and that notice includes the price of goods. How much can I bump that cost that the GC and owner will see? Can we use MSRP? we don't need everyone to see our selling price to protect our customer but we don't want to lose rights on the bond.

1 reply

Feb 7, 2018
Preliminary notice may be required for some parties on California public projects, but the requirements of that notice seem to be a little more flexible than strictly calling for the price of goods. Under § 9303 of the California Little Miller Act, preliminary notice on a California public project must include "An estimate of the total price of the work provided and to be provided." So, rather than price of goods, the notice calls for an estimate, plus that estimate should cover "the total price of the work provided and to be provided." While this does appear to create some wiggle room, it's not a good idea to take too much liberty when estimating amounts for a preliminary notice.
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