Prelim mistakenly filed on address accross the street from actual job. We caught the error and filed the lien on the correct address.
Is there a conflict if the pre lim was filed on the wrong address?
1 reply
Mar 6, 2020
Any time there's an issue with a California preliminary notice, it's possible that mechanics lien rights might be in jeopardy. Still, if the required recipients actually got their hands on the preliminary notices that were sent, and if they received the notice in a timely manner, then an issue with the notice - like using the wrong address - shouldn't end up blocking lien rights. But, if notice was sent to the wrong address, and if that notice never made its way to the correct recipient (or made it to them late), then a mechanics lien filed later on might be successfully challenged based on a failure of notice.
Flexibility for CA preliminary notices
The California lien statute does provide some flexibility. Under California Civil Code § 8108, notice sent to the owner's address on the direct contract will be sufficient. And, as mentioned above, minor errors won't always upend lien claims (as codified by § 8102(a)) . Further, upon request, a California GC must provide subs and suppliers with the owner's mailing information so they can send preliminary notice. So, if that information was requested and the GC failed to provide that information, that might also result in a little leniency.
Still, the point remains: Notice is required, and it must be sent to the required recipients (generally, the owner, GC, and potentially the lender). So, if that requirement isn't fulfilled, then lien rights may be on the line.
For insight about your specific situation, it might be helpful to reach out to a local California construction attorney to see if they have any input. After they review the details about your notice and claim, they should be able to advise on the validity of your lien claim as well as how best to collect. Finally, keep in mind that there are some helpful steps that can help force payment after a lien is filed: The 4 Steps to Take After Filing a Mechanics Lien.