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Material Supplier or General Contractor?

California

When I send out CA Prelim's I have been listing my company (Pella Doors and Windows) as the "Material Supplier" BUT, we use 2 separate Pella approved General Contractor companies to do the actual installation. One of my co-workers is adamant that I should be listing us (Pella) as the Contractors (instead of being Material Suppliers). I just want to do it correctly in case we end up in a Mechanics Lien situation. Any clarification would be helpful. Lisolette Owens

2 replies

May 17, 2022

Good morning Lisolette! If I understand you correctly, Pella is the supplier of the materials and invoicing the general contractor (one of the two you supply to). If so, Pella is the supplier/claimant for purposes of the preliminary notice. You will, of course, list the name and address of the the general contractor on the preliminary notice as well, and have them served with the preliminary notice (along with the owner, etc.). The general contractor should be responsible for serving its own preliminary notice.

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May 17, 2022
I think it depends on who your contract(s) is/(are) with. and what they say. If you have a contract just to sell the windows to the G.C. you are a supplier. If your contract says you will also sell the windows and also do the installation (directly or through your own subcontractors) then you are a subcontractor. Your own situation may be more complicated than this, so it is probably best to hire a construction attorney to look at your contracts etc. If you are a subcontractor you will likely also need to have a license to lien for more than just the materials.
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