So my contract got revised and increase through a Change order, do I know pre-lien the job again if I already have with the base bid amount?
1 reply
Apr 29, 2019
That's a good question, and many California construction businesses believe that California 20-day preliminary notices must be revised if additional work is undertaken beyond the scope of the preliminary notice. However, unlike Arizona, CA claimants do not need to send revised or amended prelims simply because they're providing additional work not contemplated in their preliminary notice. In California, as long as the amount and the work described in the preliminary notice are made and described in earnest and based on actual calculations, updating preliminary notice is unnecessary. So, if care was taken with the originally sent prelim, changes later on won't automatically necessitate an updated prelim. But in a situation where work is poorly described on the notice and the amount featured on the face of the notice aren't particularly precise or thought-out at the time work is beginning, sending an updated notice might be helpful or even necessary to preserve the ability to later file a mechanics lien. For more information on California preliminary notices, these resources should be helpful: (1) California Lien & Notice Overview; (2) Guide to California 20-day Preliminary Notices.