Home>Levelset Community>Legal Help>Prelim Notice Timing

Prelim Notice Timing

Hi, We design, order and ship kitchen bathroom and closet cabinetry, as well as recommend and oversee the installation. I was told we have 20 days from the start of the job to file a prelim notice. How is the start of the job determined? From when we order products? Or when they are delivered to the jobsite? We have customers pay 50% at the time we order their products, it is then about three months until they are delivered from Italy to the jobsite at which point we collect another 30% and when the installation is complete we collect the remaining 20%. We would be considered material suppliers but I guess also technically sub-contractors because we hire contractor c's for the installation. I'm not sure if I should choose material supplier or sub-contractor when filling out prelim notices?

1 reply

Sep 27, 2019

California's 20-day preliminary notice must be sent within 20 days of first furnishing labor or materials to the project. So, while some background work may begin before that point, the deadline to send notice will run from when labor or materials are actually provided to the job site. Note, though, that California preliminary notices can be sent early. So, if a claimant feels like they'd benefit from early notice, then sending it early might be a viable option. As for what to consider yourself on the job - it might not matter all that much for the purposes of sending California 20-day preliminary notices. California's preliminary notice requirements are the same for subcontractors, suppliers, equipment suppliers - really, they're the same for all sub-tier project participants. Prime contractors' notice rules differ a bit, but everyone else follows the same requirements. But, for ultimate clarity, here's how the California Civil Code defines the terms "material supplier" and "subcontractor": - § 8046. “Subcontractor” means a contractor that does not have a direct contractual relationship with an owner. The term includes a contractor that has a contractual relationship with a direct contractor or with another subcontractor. - § 8028. “Material supplier” means a person that provides material or supplies to be used or consumed in a work of improvement. I hope this was helpful! Below are some additional resources regarding California preliminary notices. (1) California Preliminary Notice Guide and FAQs (2) The Ultimate Guide to California’s 20-Day Preliminary Notice

0 people found this helpful

Helpful