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Is prelien notice (20 day notice) for a mechanic's lien different from hand written contract?

Is prelien notice (20 day notice) for a mechanic's lien different from hand written contract and Notice of mechanic's lien Claim? If Hand written contract is there is pre-lien notice in standard from required for a General Contractor in california to file a Mechanic's lien?

1 reply

Aug 4, 2020

Yes, there's a difference between a written contract, a preliminary 20-day notice (sometimes called a "prelien notice"), and a mechanics lien claim. Generally, a written contract is simply just that - a contract. A preliminary notice is an informational document sent at the start of the job and, when properly sent, it will also preserve the right to file a mechanics lien. A mechanics lien claim is a payment claim that's really only appropriate for when payment isn't being made or is being made too slowly. As for requirements - GC's on residential projects are typically required to have a written contract. Levelset discusses that here: California Home Improvement Contracts – Details & Requirements. GC's will only need to send prelims on CA jobs is there's a construction lender present for the job. You can learn more about those requirements here: The Ultimate Guide to California’s 20-Day Preliminary Notice. Mechanics lien claims are never required - but, if you're having payment issues, they're an incredibly powerful tool. More on lien claims here: What is a mechanics lien?

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