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Preliminary Notice Questions
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Preliminary Notice
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We just started on a project yesterday but the GC handled the contracts a little different than most. They actually issued us 7 contracts for this one project. One project per scope. Such as a contract for framing, a contract for drywall, etc. Do I need to send a prelim notice for each contract, or just send one and list the total amount of all contracts?
VirginiaDoes a project manager hired by the property owner working independent of the General Contractor in California need to file a Preliminary Notice if they wish to preserve their right to file a Mechanics Lien against the property?
CaliforniaIf i contract with the customer directly (I am not a sub) and i did not give customer the model disclosure b4 work started, and the work is only 99% done, can i still send the model disclosure late? or di d i lose all lien rights? Thanks. Kim
Washington My sub is sending my clients directly the prel 20 day lien at their costs not mine. What can I do, I loose my margin when they do this.
CaliforniaI am a carpentry subcontractor that has a subcontract with a General Contractor on a commercial office build out. We do not file preliminary notices, however we did file an intent to file a lien within the time frame. Is it OK to file a lien or because we we did not file a preliminary notice that it will not be valid? We are not talking a huge dollar amount. Contract was for $19,291 and the amount remaining to be paid is $6,578.50.
WisconsinI am a branch 3, licensed structural pest control operator that has already sent an intent to lien notice to a home owner. I am ready to file the actual lien but have a question regarding the preliminary notice. A preliminary notice was not sent and it's well beyond the 20 days of start of work. However, my company work order or contract that the property owner signed, dated and agreed to, when authorizing the repair work and prior to the start of work, has a California mandated Mechanics Lien Notice statement. It reads as follows:
MECHANIC’S LIEN NOTICE
NOTICE TO PROPERTY OWNER(S): (Section 7018 of the California Contractors License Law, Business & Professional Code Div. 3 Chap. 9) Provides under the Mechanic’s Lien Law any contractor, subcontractor, laborer, supplier or other person who helps to improve your property but is not paid for their work or supplies has the right to enforce a claim against your property. This means that after a court hearing, your property could be sold by the court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your prime contractor in full, if the subcontractor, laborer or supplier remains unpaid.
My question is, does this statement legally satisfy the prelim notice requirement or am I out of luck. I don't want to spend more money on a bad debt by filing the lien, if it will not be enforceable or registered over a lack of a prelim notice.
CaliforniaWe're a rental equipment company, and every so often we'll have a long-term rental agreement. This means that the equipment could be out for 6 months to a year. The equipment moves around a lot and could even go home with an operator at the end of the day.
Would we be able to protect long-term rentals by sending a preliminary notice? What are options on collecting on a long-term rental if a mechanics lien or bond claim isn't an option?
We do work in many states, but primarily in WA, OR, and CA. Thanks.
CaliforniaI have Lender Info, I need help to do this legally. The deadline has already past.
CaliforniaWe are a subcontractor on a job in LA. They are refusing to pay the final payment amount. It appears that we weren't required to send a preliminary notice as a subcontractor on this project. Our customer, Pentek Homes, is the GC. I just want to make sure that was a correct assessment, as we've ordered the lien to be filed.
LouisianaIn Wisconsin, would delivering blueprints count as first delivery of materials? Are you able to send the prelim before you actually supply materials in Wisconsin?
WisconsinWe are a GC that contracts directly with the property owner with no lender. In our contract their is a notice included stating our right to file a lien. Do I still need to send a 20 prelim on our jobs to preserve our lien rights?
CaliforniaWhere can I find the legal precedent for requiring preliminary lien notices on public works projects.
CaliforniaA subcontractor sent a preliminary notice at the beginning of the project as required. In the middle of the project, that subcontractor changes ownership, do they need to send another preliminary notice or is a letter showing change of ownership sufficient?
CaliforniaMy company works on large single family subdivisions. There may be 500+ lots in a subdivision. Are we required to send individual 20 day prelims for each lot or may we send one prelim for each parcel/subdivision as long as we list the lot numbers, location and price? Each lot is priced the same. Each of my contracts cover the entire subdivision.
Thank you for your help!
Pam Hazen
phazen7@gmail.com
ArizonaI am a general contractor and subcontractor working with residential shower door glass and mirror installations, labor and material in Minnesota and Wisconsin.
The first time we are at the residence is to measure the site of the work. We do not charge for this measure. We order the material for the job the day the customer or the general contractor give us the go ahead. We don't typically do the installation until 10 days later.
What date should we pre-lien to start the clock in Minnesota and Wisconsin?
Minnesota