Answer FileConstruction

Why did I get a 20-day preliminary notice in California?

The answer, cited

Because a subcontractor or supplier on your project is preserving its right to record a mechanics lien if it goes unpaid, not because anything is wrong. California requires most claimants to serve a preliminary notice under Civil Code section 8200 et seq. within 20 days of first furnishing labor or materials. Keep it, and track lien releases.

A preliminary notice is routine paperwork, not an accusation. California's mechanics lien law requires most subcontractors and material suppliers, parties without a direct owner contract, to serve a preliminary notice on the owner, the direct contractor, and any construction lender (Civil Code section 8200 et seq.) within 20 days of first furnishing labor or materials; without it, a later lien is limited or barred. Receiving one means only that the sender is preserving its rights while expecting to be paid through the contractor. Treat it as a project-management tool: keep every notice, and with each payment collect the statutory conditional or unconditional waiver and release forms (Civil Code section 8132 et seq.) from everyone who sent one. That discipline protects an owner from the classic trap, paying the contractor in full, then facing liens from unpaid subcontractors, since a valid lien can attach even though the owner already paid. A flood of notices followed by a stop payment notice signals real payment trouble upstream.

Authority: Cal. Civ. Code § 8200

Source: Cal. Civ. Code § 8200 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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