What Is a Preliminary Notice in California and Why Is It Important?
When you provide labor, materials, or services for a construction project in California, payment is never guaranteed. Protecting your right to be paid requires following certain legal steps. One of the most important is serving a Preliminary Notice. At Easy Law Inc., we help contractors, suppliers, and others handle these notices properly so their rights remain secure.
What Is a Preliminary Notice?
A preliminary notice is a legal document required under California law (Civil Code § 8200 et seq.). Its purpose is to notify the property owner, general contractor, and any construction lender that someone who is not in direct contract with the owner is contributing labor, materials, or equipment to the project.
The notice itself does not place a lien on the property. Instead, it preserves the right to later file a mechanics lien, stop payment notice, or bond claim if payment problems arise. Without this notice, those rights may be lost.
Who Must Send It
Not everyone on a project is required to send a preliminary notice. The law places this obligation mainly on:
Subcontractors who do not contract directly with the property owner
Suppliers and material providers
Equipment rental companies
If you have a direct contract with the property owner, the requirement is limited to notifying a construction lender, if one exists. Individual laborers usually are exempt from this requirement.
When and How to Send It
Timing is critical. A preliminary notice must be served within 20 days of first providing labor, materials, equipment, or services. If the notice is sent later, it can still provide protection, but only for work performed or materials supplied in the 20 days before the notice and for anything delivered afterward. Work performed earlier will not be secured.
Delivery also matters. California law allows preliminary notices to be served by personal delivery, certified mail, registered mail, or express/overnight delivery. Proof of service is important, since the burden often falls on the claimant to show the notice was properly sent.
Why Preliminary Notices in California Matter
Preserving Rights
The most important reason to serve this notice is to preserve your ability to record a mechanics lien or related claim if you are not paid. Missing the notice means losing that protection for earlier work.
Keeping Stakeholders Informed
Preliminary notices in California give owners, general contractors, and lenders a clear picture of who is supplying labor or materials. This reduces surprises and helps them ensure funds flow properly.
Avoiding Costly Errors
Serving the wrong parties, using the wrong language, or missing deadlines weakens your legal position. A correct notice secures your rights and avoids disputes over technical errors.
Key Points to Remember
Collect accurate contact details for the property owner, general contractor, and lender (if any).
Submit your notice request as early as possible; waiting reduces protection for work done before the notice.
Always maintain proof of mailing or delivery.
Conclusion
Preliminary notices in California do not create liens by themselves, but they are essential to protecting the right to secure payment later. Sending one in time keeps legal options open and prevents valuable work from going unprotected. At EasyLaw Inc., we help clients prepare and serve these notices correctly, explain the rules that apply, and make sure each step is handled according to statute.
If you are unsure about your notice obligations or want professional help preparing one, contact us. We are here to ensure your rights are preserved from the very start of your project.
Easy Law Construction Notices is not a law firm, and nothing in this article should be construed as legal advice. If you are seeking legal advice regarding construction matters, you can contact The Green Law Group, LLP, for a free initial consultation.