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Is my preliminary notice invalid if the GC refuses the mail?

We were hired by the tenant of a property who also seems to be the GC, as their project manager is organizing all of the work. We sent the preliminary notice certified mail, however; each time it is sent to the tenant/GC, it is returned. Is my preliminary notice invalid if the GC refuses the mail?

2 replies

Apr 10, 2020

As long as you have the correct address for both the tenant/GC and property owner (using addresses provided to you by your customer and also any additional addresses disclosed by a review of public records), the fact that the tenant refuses the mail will not impact the validity of a preliminary notice.

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Apr 10, 2020

I agree, though I don't believe it necessary to review the public records to verify whether the address provided to you was correct, so long as the address provided to you was from a sufficiently reliable source. I believe that was the holding in Force Framing, Inc. v. Chinatrust Bank et. al. (2010) 187 Cal. App. 4th 1368. Also, keep the unopened return envelope as your proof that you served the prelim.

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