We received a 20-day notice for electrical work in one of our tenant spaces. Lease requires very specific steps are taken prior to entering into contract for modifications which include submittal of preliminary drawings for approval, vetting contractor with appropriate COI and license's etc. None of this has been done, we are caught off guard that there is work - let alone $650K of work! Can we simply inform the contractor that until lease requirements are met by the tenant for approval they cannot perform on our property? Does the contractor hold any rights when the tenant in fact was non-compliant per their lease?
If you want to ensure that the contractor that sent the notice does not have lien rights against the property, you must prepare a notice of nonresponsibility and both post it at the worksite and record it with the county recorder in accordance with California Civil Code section 8444. You must act fast, as you have only 10 days from receiving the preliminary notice to do so.
But as a practical matter addressing the contractor and the tenant directly may be more effective or should at least be done concurrently. I would recommend contacting the contractor directly and indicating that the work is not approved at this time. With respect to your tenant you may also assert a breach of lease and demand that the tenant cease and desist from performing any work until the lease provisions have been complied with. If the tenant ignores you, you can proceed with the default provision under your lease.