Can someone send a preliminary notice 2+ months after a service is completed? If not, what are the California legalities to receiving one after the 20 day mark? What can be done with the notice.
2 replies
Nov 12, 2019
Typically, contractors and subs will send a California 20-day preliminary notice within 20 days of first furnishing labor or materials to the project. This will provide the claimant with full mechanics lien protection for work performed on the project. However, a 20-day notice can secure a certain amount of rights if sent late.
According to California Civil Code §8204(a), a preliminary notice shall be given no later than 20 days after the claimant has first furnished work on the work of improvement... claimant shall, however, be entitled to record a lien... only for work performed within 20 days prior to the service of the preliminary notice, and any time thereafter.
Therefore, a late preliminary notice in California will grant mechanics lien protection only to the extent of labor or materials furnished the 20 days prior to the receipt of the notice. If the date of completion of the work is more than 20 days after the notice was received, the notice will be ineffective to secure any mechanics lien rights on the project.
For more information, you may find this article helpful: The Ultimate Guide to California's 20-Day Preliminary Notice.
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Nov 12, 2019
Alex provides fantastic information. The preliminary notice itself is not a lien and may or may not have any legal effect in your situation. If labor and materials were truly furnished to the project more than 20 days before the preliminary notice was properly served, it is likely it has no effect. It may signal, however, that the claimant that served the preliminary notice remains unpaid on the project. Consult with a construction lawyer to discuss your specific situation as there are always particulars which are important to consider.
---CN