Preliminary Lien and Multi-Location Projects
By Dave Barnier
Preliminary Liens: Will one cover several locations in a multi-location project?
QUESTION:
Hi Diane,
I am just curious, we are about to do a project for a company, with the
same owner, lender, etc. the only difference is there are multiple
"locations". Can we use 1 preliminary notice for the total value as
long as we include each of the locations we will be performing work?
Please Advise,
Thanks Diana
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Preliminary Lien Notices / Pre-Liens Word and PDF versions
Construction-Business-Forms.com |
Send your preliminary liens to all locations
ANSWER:
Hi Diana!
One preliminary notice should be served for each separate written contract.
If there is only one contract covering multiple properties, in most instances one preliminary notice will be adequate to cover all of the properties being improved.
However, just because one preliminary notice may be adequate legally, some owners or general contractors may dispute this and refuse to acknowledge the validity of a lien or a stop notice on this basis.
This may lead to a fight that would have been avoided if multiple preliminary notices had been served.
You may be right in the fight, and win, but sometimes it's best to avoid the fight altogether if it's easy enough to do.
--
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.
Because preliminary liens can have three to four copies required (and even more), the paperwork can get out of control fast.
With the in-depth, how-to that I've included with the California Preliminary Notice downloadable forms, you'll be doing California Preliminary Notices like a PRO in no time!
It walks you through *exactly* how to do your preliminary notices, the same way I do, from start to end.
Download your copy of the California Preliminary Notice Forms package today and never again wonder how to handle the myriad of tasks involved with processing preliminary notice forms.
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Preliminary Lien Notices / Pre-Liens Word and PDF versions
Construction-Business-Forms.com |
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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
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A preliminary lien notice won't do you any good if they don't go to the correct entities.
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Arizona Preliminary Liens
Arizona requires preliminary liens prior to mechanic's liens.
General Contractor Was Paid But He Won't Pay Sub
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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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