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Is to late to file pre-own

CaliforniaConstruction Contract

I am a plumbing sub-contractor who has a contract with a general contractor. I bid 5 houses individually. Finished two and was paid for them in January 2020. I haven’t been able to get in touch with them up-until sep 17th 2020. I didn’t file a pre-Lein in the first two houses. But can I on the rest? The contractor has been ignoring us and now is saying they don’t need us, and blamed us for not being able to get ahold of anyone to set up a work schedule on the remaining houses due to COVID. That’s a lie. I’ve been trying since theist two Jobs were complete. Keep in mind I have 5 bids And one signed contract

2 replies

Sep 21, 2020

You can file a preliminary notice now but it will only protect labor and materials provided 20 days before it was served and anything thereafter.

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Sep 21, 2020

If you haven’t started work on the other houses, it’s not too late to send out your Preliminary Notices on them. You can’t lien for work you haven’t yet performed but you could sue the GC for breach of contract for your lost profit if he won’t let you perform. I’m happy to discuss this with you further.

Cathleen M. Curl, Esq.
Law Office of Cathleen M. Curl
700 El Camino Real, Suite 200
Millbrae, CA 94030
T 650-871-5955
F 650-588-7101

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