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On a basic service invoice, not a formal contract is a California preliminary notice legally needed to file a mechanics

CaliforniaPreliminary Notice

I had level set do a mechanics lien for me on a apartment building, the owner is now upset and throwing legal threats at me. Is a preliminary notice needed befor I placed the lien This was not on a formal contract, only just a basic service invoice

5 replies

Dec 11, 2020

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Dec 12, 2020

Whether or not you need the preliminary notice will depend on who your customer was. If you are a sub working for a contractor then you need the preliminary notice. If you are dealing directly with the owner, you don't.

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Dec 14, 2020

If you are dealing directly with the owner of the property, you are not legally required to do a Preliminary Notice unless a lender is involved. If your contract was not with the owner of the property, then you are required to send a Preliminary Notice to the owner, the general contractor, and the lender (if there is one). I can’t tell from your question if you were the general contractor or a sub. I’m happy to answer any questions you have about this.

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

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Dec 14, 2020

If you were not hired by the property owner you need a timely preliminary notice in order to record and enforce a lien.
Were you a direct contractor with the owner or a subcontractor?

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Dec 29, 2021

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