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Is a General Contractor supposed to submit pre-liens when starting a new job? Is the process the same as for a subcontractor?
Is a General Contractor supposed to submit pre-liens when starting a new job? Is the process the same as for a subcontractor?
1 reply
Oct 17, 2018
Compliance with preliminary notice requirements in California is important. Not only do preliminary notice documents provide crucial information to the interested parties on the project, in most circumstances preliminary notices are required in order to retain the ability to file a valid and enforceable mechanics lien, should the need arise.
All parties other than wage laborers are generally required to provide preliminary notice for projects in California. However, GCs, or any party contracting directly with the property owner, is only required to provide a preliminary notice to the construction lender (if any). If there is no construction lender associated with the project, no preliminary notice is required for a GC to retain lien rights.
To the extent a preliminary notice is required, the timing and service method requirements for a GC's preliminary notice are the same as those for a sub.