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Proper Lein notices filed

CaliforniaPreliminary Notice

I am a plumbing contractor and have contracted with a general contractor for labor/rough plumbing material to complete a job, but have contracted with the homeowner separate for the cost of fixtures, i.e sinks,faucets,tubs, ect. Do I need to file separate preliminary notices the homeowner and the contractor separetley even though all of this work is being performed on the same job?

3 replies

Feb 20, 2020
In California, preliminary notices are required for all participants other than wage laborers, but parties who contract directly with the property owner are only required to send a preliminary notice to the construction lender on the project, if any. This means that for a party who contracts with the property owner, a preliminary notice is not required if there is no construction lender on the project. And, if the property owner doesn't pay, a lien can still be filed to protect the amounts due. Additionally, California prelims require an estimate of the total contract amount, to the extent the fixtures are included on the estimate of the total contract value, a single prelim should cover the labor and materials provided for the job. That being said, there is nothing that specifically prevents sending more than one preliminary notice at the same time if a claimant wants to do so, but care should be taken that neither notice is sent late if that decision is made.
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Feb 20, 2020
This is a fire rebuild so my guess would be the insurance company is paying to rebuild the house. Our subcontract does not name a construction lender. I have exact contract amounts for both labor and fixtures so even though it is not required filing one prelim notice naming both contractor and homeowner should be fine?
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Feb 20, 2020
The purpose of preliminary notice is to provide information to the property owner about the parties on the project. So, even when not specifically required, it is fine to provide a notice to the property owner with all the information known, as long as the statutory requirements for preliminary notice in general are met.
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