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Will a California mechanics lien be rejected if the owners address was incorrect on service of preliminary notice?

CaliforniaPreliminary Notice

We incorrectly assumed the owner lived at the same address as the work site. It turns out he had recently moved out of state so we ended up sending our preliminary notice to the worksite address, not the owners address. Will that matter when it comes time to lien?

2 replies

Sep 8, 2020

Under the code, you need to serve the owner or reputed owner. Presumably, you served the reputed owner at said owner's residence, place of business, or the owner's address on the contract, building permit, or construction trust deed? When you record your lien, if it gets to that point, serve the owner at the same property that you served the prelim., and also at his residence or place of business out of state. Thereafter, if you have to file suit, and the owner raises the issue, you deal with it then. That's my view without knowing more.

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Sep 8, 2020

The Recorders Office will still record the lien. The question is whether or not the lien will be upheld if you have to take the owner to Court to enforce the lien. You don’t say whether you’re a subcontractor or the GC. The law says you’re entitled to rely on information you’re given about the owner’s address. If the GC gave you the wrong information, then your lien is still valid. This could be a problem if you just made a typo on the address. However, I would still record the lien and then see if the owner raises that issue later. Many of these kinds of cases settle without a lawsuit.

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