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Preliminary Notice Questions

CaliforniaMechanics Lien

Hello, My general contracting firm Works directly to building operators. As a GC and not a subcontractor, are we required to send a preliminary lien notice or are we able to Lein the building within 90 days if we have mechanic lein notices language within our agreements? It's my understanding that preliminary lein notices are required if we work under a general contractor or a lender. Dan

3 replies

Sep 1, 2021

What do you mean by "building operator"? Even if you have a direct contract with the project/property owner, it is still a good idea to serve a preliminary notice and is often times required (e.g., when there is a construction lender) in many instances.

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Sep 3, 2021
Yes, a GC working directly for the property owner does not need to send a Preliminary Notice out. The only exception is if there’s a lender involved (like a bank) who’s financing the project. If so, you need to send a preliminary notice to the lender. Subcontractors and suppliers who don’t have a direct contract with the property owner are required to send out a preliminary notice to the owner and the GC and lender (if any).
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Sep 14, 2021
Hi Cathleen, I have filled out a California Preliminary Notice with the Owner, General Contractor and the Lender. Do I send the same document to to each or is there a notice specifically for the General Contractor and a notice specifically for the Lender? Thank you,
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