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Preliminary Notice Timeline

CaliforniaPreliminary Notice

Is it 20 days from the day of delivery or am I to include that day as well?

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Jul 9, 2020
The statute covering the timing of a California preliminary notice is Cal. Civ. Code. §8204(a). Under this statute, the "preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the improvement." (emphasis added) Focusing on the term "after" it seems that the 20 day period would start after the first day of furnishing. So day 1 on the job, the 20-day notice must be served by the 21st day for full lien right protection. A California prelim can be sent late, but it will only cover the value of labor and materials provided in the 20 days preceding the receipt of the notice, and everything thereafter. For more information, see: The Ultimate Guide to California's 20-Day Preliminary Notice
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Jul 9, 2020

You should serve your 20-day prelim before you set foot on the project. To answer your question, though, the code says: 

Civil Code Sec. 8204.  

(a) A preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the work of improvement. If work has been provided by a claimant who did not give a preliminary notice,
that claimant shall not be precluded from giving a preliminary notice at any time thereafter. The claimant shall, however, be entitled to record a lien, give a stop payment notice, and assert a claim against a payment bond only for work performed within 20 days prior to the service of the preliminary notice, and at any time thereafter.

Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com. 

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