We are a business in California that needs to serve a preliminary notice to another business that is out of state. Do we serve the preliminary notice to the agent of service of process of the business?
Oct 17, 2018
Great question. How to properly send/serve notices, and to whom they should be delivered, can be complex questions. And, since the proper service of required preliminary notices is crucial to preserving and protecting lien rights, the answers to these questions can be important.
In California, preliminary notices must be sent to the owner (or reputed owner), the direct contractor, and the construction lender (if any). Potential lien claimants in California are lucky in that California has specifically described where notice may properly be sent. The following excerpt from California statutes, to which emphasis has been added, outlines where to send notices.
"§ 8108. Except as otherwise provided by this part, notice under this part shall be given to the person to be notified at the person’s residence, the person’s place of business, or at any of the following addresses:
(a) If the person to be notified is an owner other than a public entity, the owner’s address shown on the direct contract, the building permit, or a construction trust deed.
(b) If the person to be notified is a public entity, the office of the public entity or another address specified by the public entity in the contract or elsewhere for service of notices, papers, and other documents.
(c) If the person to be notified is a construction lender, the construction lender’s address shown on the construction loan agreement or construction trust deed.
(d) If the person to be notified is a direct contractor or a subcontractor, the contractor’s address shown on the building permit, on the contractor’s contract, or on the records of the Contractors’ State License Board. . .