Home>Levelset Community>Legal Help>In the state of California when sending a Preliminary Notice, do I need to also send to the homeowner or lender The Proof of Notice Declaration? or that for is for us (the contractor ) to keep?

In the state of California when sending a Preliminary Notice, do I need to also send to the homeowner or lender The Proof of Notice Declaration? or that for is for us (the contractor ) to keep?

CaliforniaPreliminary Notice

I'm about to start sending the preliminary notice but I see that form comes with a Notice of Declaration do I need to send both to the client? or that one is for me to keep on my records with the certified receipt from the post office just in case I need ti file a lien?

1 reply

Aug 2, 2019

First - it's great to hear that you're going to start sending California preliminary notices. Beyond just the preservation of lien rights, these notices go a long way toward stopping payment problems before they even happen. With that being said, that's an interesting question.

I'm not familiar with a Notice of Declaration being included with a California preliminary notice form. Further, § 8100-8119 and § 8200-8216 of the California civil code, which create the California preliminary notice requirements make no mention of a Notice of Declaration, and the phrase doesn't appear elsewhere in the California mechanics lien statutes. So, I think it's safe to say that no Notice of Declaration must be sent with a California preliminary notice in order for it to be considered valid. But, many downloadable templates online - including the Levelset template - include a "Proof of Service Affidavit". That affidavit should generally be kept for the sender's records in order to show that the preliminary notice was sent on time. And, it's always possible that it comes down to a vernacular thing.

I hope this information was helpful! If you've got other questions, feel free to come back and post them here at the Expert Center. Additionally, these resources should be helpful: (1) The Ultimate Guide to California’s 20-Day Preliminary Notice; and (2) About California Preliminary 20-Day Notices.

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