Menu
Home>Levelset Community>Legal Help>we started off doing a subcontract job and then ended taking on additional jobs. Do I file new 20 day notices for every new job if it's on the same property?

we started off doing a subcontract job and then ended taking on additional jobs. Do I file new 20 day notices for every new job if it's on the same property?

CaliforniaPreliminary Notice

These jobs are with the same GC and the same property/owners. The first job had a set amount which was filed with the original 20 day notice. The second job we ended up getting was much more money so I filed another 20 day notice with that new amount. When we received final payment on the first job I tried to file a final payment waiver and the GC told me since we weren't finished working on the house it was still a progress payment. We may be starting a 3rd contract with this GC and I am curious if I should be sending these new 20 day notices or not.

1 reply

Jun 3, 2019
That's a good question, and it sounds like you're working with a good business as your GC. Some GC's might abuse their power in order to obtain a final lien waiver perhaps a little earlier than warranted. As for your question - based on section 8206 of the California Civil Code, it would seem that sending addtional preliminary notice should be unnecessary.

§ 8206 reads, in part, "(a) Except as provided in subdivision (b), a claimant need give only one preliminary notice to each person to which notice must be given under this chapter with respect to all work provided by the claimant for a work of improvement." Further, under section (b), the exception mentioned above applies to claimants who provide work pursuant to contracts with more than one subcontractor. Then, section (c) continues to state that "A preliminary notice that contains a general description of work provided by the claimant through the date of the notice also covers work provided by the claimant after the date of the notice whether or not they are within the scope of the general description contained in the notice."

So, based on the above sections, the only time a claimant would need to send multiple preliminary notices on the same project should be when multiple contracts are executed with more than 1 subcontractor. And, under section (c), extra work done - even work beyond the scope of the original agreement - is covered by an original preliminary notice sent, regardless of whether the work is within the scope of work contained in the original notice.

Of course, when multiple separate contracts are executed, many claimants will feel the safest when sending a notice for each separate contract. And, where a new or additional notice is executed for a separate contract, the worries that might come with sending amended or "revised" notice might fall by the wayside. Still, according to § 8206 of the California Civil Code, sending additional preliminary notice for work on a job that's already been noticed is typically unnecessary.

If you have other questions about California's preliminary notice requirements, these resources will provide a lot of insight:
(1) The Ultimate Guide to California’s 20-Day Preliminary Notice; and (2) California Lien & Notice Overview and FAQs.
0 likes

Add your answer or comment

Not the answer you were looking for? Check out other Preliminary Notice topics or ask your own question