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Will the "Notice to Owner" that is included in our estimate and contract protect our Lien rights?

CaliforniaPreliminary Notice

Good morning I am hoping you can answer some questions for us regarding an issue we are having with being paid for a completed roofing project. This our first encounter with this type of situation. We filed a mechanics lien with Humboldt County, it was recorded and returned w/o any indication that it was rejected or not valid, we are unsure what to do next since half the information I am finding states that the Lien would not be valid w/o preliminary notice being filed and delivered to customer/property owner within 20 days of starting a project, we were unaware of this. My husband has been in the roofing business for over 20 years and has never known of any preliminary notice having to be filed for each project. We have also spoken with others who have had contacting projects done through various contractors and have never received a preliminary notice. We do include in the estimate a "Notice to Owner that informs customers of the mechanics lien if n the event that payment is not received and/or being disputed. Is this "Notice to Owner" document enough. And if not what do we do now? Thank you in advance.

1 reply

Jun 18, 2021
If you are in direct contract with the owner on a private construction project, you do not need to do a Preliminary Notice. Within 90 days from the date you recorded your mechanics lien, you need to file a lawsuit to enforce the lien, or the lien is considered void. I suggest you contact an attorney who is knowledgeable concerning construction claims to assist you.
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