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Is amending preliminary notices necessary if our company name changed

CaliforniaPreliminary Notice

My company name going to change soon. Is it necessary to amend the name of our company for all old preliminary notices and send the new notice to all the parties?

2 replies

Oct 18, 2021

Yes, this seems like a prudent action. Of course, there may be many other significant legal issues which can arise from a "name change" in California (e.g., contractor's license law issues) -- especially if the corporate entity or business form is changing as well. You should consult with an experienced construction attorney to make sure you have thought through all the possible issues.

Oct 20, 2021
It could present a problem if you amend your preliminary notice and send it out later because the owner or GC could try to argue that your preliminary notice is too late to cover all your work now. You should send out a notice of your name change to everyone you sent a preliminary notice to so they can’t argue later that they didn’t know. You’ll want to keep track of who you send the name change notices to in case it becomes an issue in the future. You may want to email them so you have a record of when they were sent. As long as your new company has a contractor’s license that shouldn’t be a problem.

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