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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
Anonymous General Contractor

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

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Anonymous General Contractor
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Dec 11, 2020

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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.

This is a general and public answer to a question on a web forum. I have not reviewed the documents or gotten into details beyond what was posted in the
question. No outside investigation has been made. This does not count as legal advice, and it is no substitute for a confidential consultation with aSee More...
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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?
 
This is NOT legal advice, just a general discussion of the law, as we are not familiar with the specific documents and facts of your case, etc.
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Associate at McDermott Will & Emery
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Dec 29, 2021
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