Menu
Home>Levelset Community>Legal Help>What is a preliminary lien

What is a preliminary lien

California

Can you explain what the purpose of a preliminary lien is?

4 replies

Jan 6, 2021

You are probably thinking of the preliminary notice. This is a necessary pre-lien notice to the owner and/or contractor that there is a sub working onsite who will demand to be paid or else will have the right to put a lien on this property. 

1 person found this helpful
Helpful
Jan 7, 2021

Do I need to let the contractor/property owner know before I put in a preliminary notice? Or can I just put it in?

0
Report Spam
Jan 7, 2021

No you don't need to let them know before you issue the preliminary notice. They find out when you issue it. You have to follow the rules on where to send it-- to the owner's address, post it at the job site maybe, send to the GC. It depends on who you want to force payment from.

0 people found this helpful
Helpful
Jan 7, 2021
The purpose of the 20-day preliminary lien is to notify an owner, lender or general contractor (as the case may be) that your company is furnishing labor, services, and materials to a project so they ensure you are paid through the use of statutory release forms. If you hold a contract directly with the owner, the form is not required. Many people also use this term to refer to a notice that is provided indicating an intent to place a lien. This is not mandated by statute but can be provided as a mere courtesy.
1 person found this helpful
Helpful