I have previously sent out a pre-lim for this project, Pomona, and recently sent a second one unknowing. I tried to update the original but was unable to do so in time. They also have different amounts on the data. So, what happens now and which one is the proper pre-lim? I have our client asking me about more information.
That's a great question that we get often in the expert center . It is not necessary to send an amended or revised preliminary notice. In California, only a good faith estimate of total value is required. There is no requirement to send additional notices if the estimate turns out to be incorrect.
Sending a revised preliminary notice could go very wrong, for very little benefit . The first thing to consider in determining whether a revised or additional notice should be sent is whether the preliminary notice deadline has passed. If the deadline has passed, then sending a revised or additional notice after the deadline has passed is pointless. The most significant potential issue that can arise with sending an amended preliminary notice is that the "new" notice may replace the "old" notice. In California, if that happened, the potential lien claimant could lose lien rights for any labor or materials furnished more than 20 days prior to sending the "new" notice.
I hope that helps!