Menu
Home>Levelset Community>Legal Help>Preliminary Notice began at Addendum Phase, does it still cover invoices from original contract dated after the preliminary notice was sent?

Preliminary Notice began at Addendum Phase, does it still cover invoices from original contract dated after the preliminary notice was sent?

CaliforniaChange Orders

We didn't prelim a project until we needed an addendum for a PARTICULAR phase. Does that still cover the left over amount on the original contract and the other original phases. What about addendum's for other phases or additional work in that same project? Or does it only cover that particular addendum for that particular phase going forward? i.e: Contract 645 has 3 phases. An addendum is signed for phase 1 of contract 645. The organization has just adapted the Levelset program, and sends out a preliminary notice for that addendum. Down the line, On that same contract 645, Phase 2 is approved for an addendum as well. Soon Invoices are being sent for both Phase 1 and 2 addendum's, as well as the original contract for Phase 3. If we are simply talking about the invoices sent after the preliminary notice was put in place, Which invoices under this scenario is covered under tat notice?

5 replies

Aug 20, 2019
The preliminary notice only captures the value of labor and materials furnished in the 20 day period prior to the date it is sent out. It sounds like most of Phase 1, therefore, will not be covered. Also, you may need to serve a new preliminary notice for each phase if these phases are meant to be a separate work of improvement (which is likely). —-Chris
0 people found this helpful
Helpful
Aug 20, 2019
The preliminary notice only captures the value of labor and materials furnished in the 20 day period prior to the date it is sent out. It sounds like most of Phase 1, therefore, will not be covered. Also, you may need to serve a new preliminary notice for each phase if these phases are meant to be a separate work of improvement (which is likely). —-Chris (NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation).
0 people found this helpful
Helpful
Aug 20, 2019
Hi Chris thanks for responding. Well in my scenario, I was actually inquiring about all invoices on this project after the preliminary notice was sent. Its the same breadth of work, just certain areas need more money than estimated because the plans changed.
0
Report Spam
Aug 20, 2019
The preliminary notice only captures the value of labor and materials furnished in the 20 day period prior to the date it is sent out. It sounds like most of Phase 1, therefore, will not be covered. Also, you may need to serve a new preliminary notice for each phase if these phases are meant to be a separate work of improvement (which is likely). —-Chris (NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation).
0 people found this helpful
Helpful
Aug 20, 2019
Hello Diana, If it is truly only one project, then your preliminary notice will preserve your lien rights with respect to all future invoices for the project regardless of change orders. —-Chris (NOTE: The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. The content contained herein is published online for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel. This posting does not create any attorney-client relationship and is neither intended to constitute an advertisement nor a solicitation).
0 people found this helpful
Helpful