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Is a separate preliminary notice required?

CaliforniaMechanics LienPreliminary Notice

Private funded project involving roadway improvements for a lot split. The city comes in and request additional work to the city water supply system. The additional work is under a separate contract with the city and is almost $50,000 . Additional work does not improve the property involved. It is performed by the same subcontractor but without any knowledge to the owner of the property in question. Can the Sub file a mechanics lien for the city requested extras without any preliminary notice being sent regarding the extra / separate contract work?

1 reply

Apr 18, 2022
The situation you describe does not fit the usual kind of private works/public works kind of claim. It is unclear whether the subcontractor provided a preliminary notice for the original scope of work. I suspect you are going to need a lawyer to review the contracts with the City and any contractual obligation the private owner has with the City concerning the improvements. There is usually an improvement bond issued by the Owner that may or may not be an issue here.
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