Can you send notices early? If so, would be considered invalid until we have a first furnishing date? We have a generator getting ready to ship to CA and are wondering if it would be better to send the notice now so we do not miss our window.
1 reply
Apr 15, 2020
Since you are shipping to California, the California preliminary notice laws are controlling. Generally speaking, material suppliers must send a preliminary 20-Day notice "within 20 days of first providing materials or labor." The question here is a great one -- and a common one: What if I send my notice BEFORE shipping materials? Can we send these things early?
There are definitely some states where you can step on your toes if you send preliminary notice early. This is a pretty uncommon situation but some states are strict like this. Ohio, for example.
But in California, you are free to send your notices early.
Check out this discussion in Levelset's Ultimate Guide to California's 20-Day Preliminary Notice:California contractors and suppliers shouldn’t have to worry about this. The clear answer in California is yes, it’s fine to send preliminary notices early.