We had a change order which increased the total amount of project. Would we submit a new Prelim notice for the new total or just for the change order amount?
Mar 15, 2018
This is a really good question, and it's one we get pretty often from those in the California construction industry. As we note in the following article, additionally notice is typically not needed: Should I Send Multiple Preliminary Notices in California If the Amount of Work Changes? If a separate, additional contract has been executed, another preliminary notice may be required. Otherwise, it is generally unnecessary to send an additional, updated, or revised preliminary notice. Further, under Cal. Civ. Code § 3097(g), an original preliminary notice "is not defective because, after that date, the person giving notice furnishes materials, services, labor, or equipment not within the scope of this general description." In fact, as outlined by the above-linked article, sending a revised preliminary notice could actually be detrimental to lien rights. Potentially, such notice can re-set the time the notice was sent for deadline purposes.