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Owner Name

If I mistakenly got the building owner wrong on my prelim, am I able to still change the owner name and still be within rights?

2 replies

Jun 9, 2020

California provides some flexibility when it comes t preliminary notice recipients. Under California Civil Code § 8200(a)(1), the preliminary notice must be sent to "The owner or reputed owner." So, if you've sent your notice to a party that you believed to be the owner, that could arguably be sufficient to fulfill the notice requirement. Further, under § 8208, the general contractor must provide anyone trying to send preliminary notice with the name and address of the owner. If they've failed to do that, that might be grounds for some leniency - especially if they've received the flawed preliminary notice, themselves. Regarding revised notices - late preliminary notices in California will preserve the right to file a mechanics lien for the work done 20 days prior to the notice, plus all work afterward. If it's really early in the project, then sending a revised notice might be worthwhile to ensure all rights are protected. If not, sending another preliminary notice to the correct owner wouldn't preserve much in the way of lien rights. Still, that could be a worthwhile tactic. Additionally, providing the correct owner with a copy of the prelim you'd originally sent along with an updated version with the corrected information might be another useful angle, too.

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Feb 8, 2023

the rule bitlife that stipulates that the parties must notarize and authenticate the contract of transfer or donation of land use rights before beginning the processes for doing so. then proceed with the transfer process.

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