Preliminary Lien Notice Forms and
Non-Responsibility Notices
Send the Owner a Preliminary Notice even if they've filed a Non-Responsibility Notice
QUESTION:
We are the GC.
The Property Owner is filing a Non-Responsibility Notice.
Do we still list them on the Preliminary Notice?
Brandy, Facility Builders, Anaheim CA
ANSWER:
A notice of non-responsibility is not necessarily valid.
It must be posted during the 10-day period following the owner's
learning that construction is occurring at the request of a tenant, and that doesn't always happen.
No matter, the owner should always be listed on and receive a preliminary notice despite knowing of the notice of non-responsibility. There's nothing wrong with doing the notice and potentially everything to be saved by doing it.
The
tenant should also be listed on and receive a preliminary notice unless
the claimant is contracting directly with the tenant.
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Thank you to Dave Barnier for the above information. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.
The information in this article is based upon California law current at the time of writing and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.
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Article Series: Preliminary Lien Law
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California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
Preliminary Notices and Conflicting Addresses
If the address on the Grant Deed is
different than the address on the prelim information given to us by the
General Contractor, who do we send it to?
Nevada Notice of Right to Lien & Request for Notice of Completion
The Who, What, When, Where, Why, and How - not necessarily in that order :o)
The California Preliminary Notice Covers Up to 20 Days Back
Just because you missed the deadline doesn't mean that all is lost!
Preliminary Lien Notice Research
A preliminary lien notice won't do you any good if they don't go to the correct entities.
California preliminary notice, Supplier didn't do one...
Unfortunately, a prelim is required to file a lien, even if you're a supplier.
Arizona Preliminary Liens
Arizona requires preliminary liens prior to mechanic's liens.
General Contractor Was Paid But He Won't Pay Sub
What should you do? Do you still have lien rights?
California mechanic's lien laws, preliminary notices, and change orders
Do you have to do a preliminary notice for change orders?
California Preliminary Notice & Architectural Fees
I am an architect who is having difficulty with the final payment of fees...
When a Preliminary Lien Notice is Refused
Did someone refuse your preliminary lien notice?
Preliminary Liens When There's More Than One Location
The potential ramifications of using one preliminary notice for several locations when they're all under the same contract
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California 20-Day Preliminary Lien Notice
Construction-Business-Forms.com |
Preliminary Notices and Dollar Amounts
Make sure the $ amount on the prelim is as accurate as possible
Preliminary Liens and Non-Responsibility
Why you should serve the owner with a prelim even if he posts a notice of non-responsibility
Preliminary Notices and Signatures
Can the signature on a preliminary notice be a copy/fax or must it be 'wet'/original?
Amending a Preliminary Lien Notice
Is it better to amend the notice, or issue a new one?
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California 20-Day Preliminary Notices
Construction-Business-Forms.com |
Serving the Wrong Party
When working in Arizona be sure to timely serve the preliminary notice *to the correct parties* or there could be trouble
Getting 'Stiffed' on the Job
Preliminary liens can help save you from being 'stiffed' on the job!
Property Records are your Friend
Research property records when doing your preliminary notices
Outsourcing your Preliminary Liens
Thoughts about using a company that handles your preliminary notices for you
Preliminary Liens - a detailed, step-by-step outline
A detailed step-by-step explanation of how to process preliminary notices
Preliminary Liens
Tracking the paperwork, the proof of service, and the USPS documents for prelims
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California 20-Day Preliminary Lien Notices
Construction-Business-Forms.com |
Preliminary Liens and Notifying the Correct Parties
Make sure your prelims go to the correct entities
Mishandling of, or Not Processing, Preliminary Liens
Mishandling of, or not processing, preliminary liens is one of the top 10 mistakes contractors make
At one time the California preliminary notice form was mandated by California to be titled "20-Day
Preliminary Notice Form" (exactly, word for word). The California mandate has since changed and
the form is now known as the "Preliminary Notice Form" (again, exactly, word for word). Make sure what your state requires and make sure your forms are valid.
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