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Is a preliminary lien valed if the owner provided a paper copy?

If the owner hired a contractor direct is a 20 day preliminary lien required?

3 replies

Feb 21, 2021

Personal service of Preliminary Notice satisfies the requirements, but if the Owner claims that a Preliminary Notice was not received, it will be your word against their word. A Preliminary Notice is not required if you are in direct contract with the Owner.

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Feb 24, 2021

If you are a contractor and were hired directly by the owner, then you don’t need to send a Preliminary Notice (unless a lender is involved). You would know if there was a lender because they would have asked you for a copy of your contractor’s license ahead of time, and your payments would have come from the bank and not the owner. The purpose of the preliminary notice is to let the owner who has lien rights on their property that they didn’t hire. If they hired you directly, then of course they already know about you. I’m happy to answer any questions you have about this.

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