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missed original Preliminary Notice deadline, but customer made a change order

CaliforniaLien Deadlines

I missed the deadline to file the Preliminary Notice, start date sept 26 end date oct 21 but my client made a change order on Oct 24 and added a small expense to the project. Can I file a prelim notice based on the change order date? and will that cover the entire project? or just the change order?

1 reply

Dec 7, 2022

To preserve your full lien rights for the work, the preliminary notice must be served no later than 20 days after you first provided work to the jobsite. If you serve the preliminary notice more than 20 days after starting work, then your lien and stop notice is effective only for unpaid services and material furnished within 20 days before service of the notice and after service of the notice. (I assume you're talking about construction work and not design work.) So if you performed any work within the last 20 days or are continuing to perform work, you should serve your preliminary notice to preserve your lien rights for at least of portion of the work.

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