Home>Levelset Community>Legal Help>We have submitted several requests for Pre-Lien information and the contractor is not responding to our request. What suggestions do you have for submitting the 20 day notice when we are unable to attain the information?

We have submitted several requests for Pre-Lien information and the contractor is not responding to our request. What suggestions do you have for submitting the 20 day notice when we are unable to attain the information?

CaliforniaPreliminary Notice

We have emailed, faxed, called, and mailed the request for pre-lien information. We are not getting any response from the contractor with the necessary information. How do you suggest we find/obtain the information to get the 20 day notice submitted properly and timely.

1 reply

Dec 18, 2017

This is an interesting question. California specifically requires the contractor to provide certain information upon request. California Civil Code § 8208. provides that:

"A direct contractor shall make available to any person seeking to give preliminary notice the following information: (a) The name and address of the owner. (b) The name and address of the construction lender, if any."

However, despite the fact that this appears to be mandatory (note the "shall") the consequence for failing to provide this information is unclear. You can read more here: How to Find the Lender On A California Construction Project

Making a formal request that includes the statutory citation, and notes the mandatory nature of the request can be a good step if previous requests were not as formal. Other than that, however, research can be accomplished through other means to try to find the appropriate parties, and the key is to get notices sent timely.

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