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Why would I need to send notification of NOC filed to subs or suppliers paid in full already

CaliforniaNotice of Completion

As a GC we are getting close to our owners filing a Notice of Completion on our commercial project. I need to know if we need to send notices to the subs and suppliers that have prelimed BUT have already given us an Unconditional Final showing they've been paid in full. It seems like a waste of time to send to about 40 entities that I've already gathered UFs from. Thank you.

3 replies

Dec 10, 2019

To cut down on the period during which they could file a mechanics lien for change orders or other claims.

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Dec 10, 2019

Steven is right. California Civil Code § 8190(b) states that a party who has filed a Notice of Completion must send a copy of the notice to every party who sent a preliminary notice on the job within 10 days of filing the notice. According to § 8190(c), if a copy of the notice is not given to all parties who sent preliminary notice - the Notice of Completion will not be effective to shorten the timeframe for those potential claimants to file their mechanics liens. Thus, if a party who has filed their Notice of Completion wants to benefit from the shortened mechanics lien timeframes created by filing a Notice of Completion, then notice of the filing would be required. But, if the shortened lien deadlines are unimportant to the party who filed the Notice of Completion, then it might not matter all that much whether copies of the Notice of Completion get sent. For more information on California's Notice of Completion requirements, here are some other Expert Center questions and answers on the topic: California Notice of Completion Legal Questions.

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Dec 11, 2019

And Matt is correct as well as usual. As I have mentioned in another thread, the statute (which I copied verbatim from the Civil Code) does not provide exceptions for those that may have given you an UF. I understand why you feel it is a waste of time and you may be correct, but out of an abundance of caution, it is the correct thing to do as Notices of Completion are often challenged by claimants and you would be giving a claimant a possible defense if you circumvent the statute. The choice, of course, is yours. --CN

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