Frequently Asked Questions – California

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.
  

In California the pre-lien notice is called a "Preliminary Notice (private work)" and must be sent within 20 days of beginning work on the project.

Subcontractors, material suppliers, equipment renters, etc., who have not contracted directly with the owner of the property being improved, must give the property owner, general contractor, construction lender, if any, a Preliminary Notice within 20 days after the claimant has first furnished labor, services, equipment, or materials to the jobsite. The notice has to identify the property being improved, describe the work being performed, give an estimated value of the services, or materials being provided, and include certain statutory language about the lien law.

Property owner of record, general contractor and construction lender.

Personal delivery, certified or registered first class mail.

Within 20 days of the first day that labor, materials, and/or equipment, etc. is provided to the job site. However, a late notice may still provide lien rights, so provide a notice even if more than 20 days have passed since your work started.

The law doesn't provide an exact dollar amount which requires an amended preliminary notice, but does indicate that significant increases in the original estimated value of services require an amended notice. A safe rule of thumb to follow is to serve an amended notice whenever the estimated value of your services increases by 20% or more.

Original contractors must record the claim of lien within 90 days after completion of work or once their contract is complete. If a notice of completion or notice of cessation has been recorded the original contractor must file his/her claim of lien within 60 days after recordation of such notice. Each claimant other than an original contractor, must record his/her claim of lien within 90 days after the completion of work of improvement or within 30 days after recordation of a notice of completion or notice of cessation. Consult an experienced construction law attorney to determine when your particular lien should be recorded.

California does not allow liens to be recorded against public entities, however, subcontractors, material suppliers, equipment renters, etc. can protect themselves by filing a claim against the bond or a stop notice. A Preliminary Notice (public work) should be sent prior to the assertion of a claim against a payment bond, or the filing of a stop notice on a public work. Consult with a qualified construction law attorney in your area to obtain specific information for your particular claim.

Prime Contractors are required to post a payment bond on all public projects with a value of $25,000.00 or more.

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.
  

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.
  

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.
  

Yes, everyone except for claimants who have contracted with the prime contractor must serve a Preliminary 20-Day Notice.

In order to enforce a claim against a payment bond, a claimant shall give a 20-Day Public Works Preliminary Notice. If notice was not given, a claimant may enforce a claim by giving written notice to the surety and the bond principal within 15 days after recordation of a notice of completion. If no notice of completion has been recorded, the time for giving such notices is extended to 75 days after completion of the work of improvement. Notice must be given by personal delivery, certified or registered mail, postage prepaid and shall state the amount claimed and the name of the person for whom the work was performed or the materials supplied.

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.
  

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.
  

Refer to California Property Statutes.
For California construction law issues, call attorney Scott Green:

• CALIFORNIA - Scott Green
  1777 E. Los Angeles Ave.
  Suite 201
  Simi Valley, CA 93065
  Telephone: (805) 306-1100, ext 114
  Fax: (805) 306-1300
  The Green Law Group, LLP.