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Why does the County of San Diego want a Preliminary Notice - Private Works when we have direct contract with the owner?

CaliforniaMechanics Lien

I am an Interior Designer and Project Manager in San Diego. I would like to know if I need to file any kind of a notice prior to filing a Mechanics Lien for non-payment of a project that began in September, and that the client has stopped paying me on and from which I had to withdraw my services. Since we have a direct contract with the client a 20 day notice was not necessary. However, the County of San Diego will not record the Claim of Lien without the California Preliminary Notice - Private Works document showing how the owner of the property was notified. Is this correct? It seems since under the statute we are exempt from notice due to having a direct contract with the owner, this would not be necessary. Am I mistaken?

1 reply

Nov 26, 2019

In California all project participants other than wage laborers must provide a 20-day preliminary notice in order to retain lien rights. However, for parties who contract directly with the property owner, a 20-day notice is only required to be provided to the construction lender, if any. Accordingly, direct contractors on private projects are only required to send a preliminary notice on projects on which there is a construction lender. No additional notice to the property owner is required, and a valid lien should be able to be claimed and recorded, provided the other lien requirements are met.

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