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Home>Levelset Community>Legal Help>I recently try to send a prelim notice to the General Contractor, Owner And lender through Levelset but in stead I sent an EXCESS PRELIMINARY 20-DAY NOTICE AMENDMENT OF ORIGINAL 20-DAY NOTICE does this law apply the same for this time of notice or I have to send the prelim notice to be valid?

I recently try to send a prelim notice to the General Contractor, Owner And lender through Levelset but in stead I sent an EXCESS PRELIMINARY 20-DAY NOTICE AMENDMENT OF ORIGINAL 20-DAY NOTICE does this law apply the same for this time of notice or I have to send the prelim notice to be valid?

CaliforniaPreliminary Notice

I just want to meke sure this 20% Excess prelim notice acts as the prelim notice

1 reply

Jun 24, 2019
That's a good question. First, I should mention that any time one notice is sent instead of another notice, there could be negative effects. Further, it's impossible to know how a court might treat a specific instance where one notice is sent instead of some other notice.

With that being said, Levelset's Excess 20-Day Preliminary Notice should contain all of the information necessary for a valid California preliminary 20-day notice. And, the California 20-day preliminary notice does not have a specific form required by statute - so, as long as the notice makes its way to the correct parties and contains the necessary information, it should be effective. But again - since the notice indicates that it's something other than a traditional California preliminary notice, it could potentially create some confusion.

For more information on California's notice rules, these resources will be valuable:
(1) The Ultimate Guide to California’s 20-Day Preliminary Notice
(2) California Preliminary Notice: Should I Add 20% To The Estimated Contract Value?
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