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If a preliminary notice was sent with a correct lot number but the wrong project address, is it best to resend these notices?

CaliforniaPreliminary Notice

We have a job with multiple lots, each of which is associated with a particular address in a range. We initially only received a single job site address, so we sent these notices with that address listed and then the lot number as well. Now that we know each individual address associated with each lot, we're wondering if we should send a retraction, resend the notices, or if we are sufficiently protected. Note we may be past the deadline to send a preliminary notice in California.

1 reply

Mar 1, 2018
This is a great question, and it's one we actually get fairly often. If the original notice was effective when it was sent (i.e. it was sent in as required by statute), additional notice typically won't be necessary. In fact, sending updated or amended notice could actually be detrimental - especially in a situation where further notice would fall outside the timeframe for sending preliminary notice. While late notice is permissible in California, it will not protect all work on the project - it will only be effective for the 20 days immediately prior to the notice, as well as the work provided afterwards. Plus, under § 8100-8119 of the California lien statute, there's a little leeway. Under section (b), "Notice is not invalid by reason of any variance from the requirements of this section if the notice is sufficient to substantially inform the person given notice of the information required by this section and other information required in the notice." So, even if notice was not sent by the exact letter of the statute, it may still be valid. Of course, if there's still time to send timely notice, correcting information would be less dangerous. You can read more about potential issues with sending revised notice here: Is it OK to Send Revised Preliminary Notices? Does it Affect My Deadlines?
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