How to file a preliminary notice

Finding information for each of these parties on a project can be difficult. You have the right to request this information from the party who hired you. By making the requests, you are protecting yourself. The best practice is to just make the request, and do as much diligence as possible.

While there is no requirement that a California preliminary notice be recorded, it does have a potential advantage.

California law specifically allows a construction participant to file a day preliminary notice with the county recorder for the county in which the project is located. This can be useful for determining deadlines for retainage payments or mechanics lien filings. In California, the preliminary notice must be sent within the day notice period. Actual delivery is not required within the period.

The requirement is considered met if properly sent within the period. You might start by thanking the party who sent it, since receiving preliminary notice is a really good thing. If something is wrong on the notice, you may want to follow up and get it corrected. If you received the notice through Levelset, look up your document right here. View more Preliminary Notice California questions.

View Preliminary Notice questions. Fastest paying contractors in California. Slowest paying contractors in California. Highest rated contractors in California. California law requires contractors and suppliers to send a preliminary notice within the first 20 days on a construction project. In California, everyone who does not contract with the property owner must send a notice within 20 days of first furnishing labor or materials to the construction project.

Notice must be sent to the property owner, the general contractor, and the construction lender if applicable. Sending a preliminary notice is a critical step that secures payment for contractors and suppliers in California — and speeds up payment. Sending a day notice helps property owners, contractors, developers, lenders, suppliers, and others all communicate and work together smoothly.

Because the general contractor typically has a contract with the property owner, they are generally exempt from the preliminary notice requirement. However, they do need to send notice to the lender, if one exists on the project. These requirements are the same on both public and private construction projects.

However, the specific people who need to receive the notice are a bit different. On public projects, you must send a day notice to the public agency, the prime contractor GC , and the surety if one exists. Preliminary notice is also required on public construction projects with a payment bond , like those operated by the state or county governments. When you send a stop notice, the public entity in charge of the project is required to immediately withhold money from the GC in the amount you are claiming.

However, you can only send a stop notice in California if you previously sent a day preliminary notice. You can deliver notice late — but you will only be able to claim payments due for the 20 days prior to the notice.

Once you file preliminary notice, the county recorder is supposed to notify you if a notice of completion or cessation is filed for the project. Getting paid in the construction industry is tough, and so the question for contractors and suppliers is simple: How to break through the mess and get your invoices paid? Notices are step one to getting paid in the construction industry.

Preliminary notices help ensure that the property owner and general contractor are aware of every subcontractor and supplier on the job. Those in charge of a project, such as property developers, lenders, and general contractors, look forward to receiving notices from subcontractors and suppliers.

Notices give these parties more visibility as to who is contributing to the job. In fact, property owners were largely responsible for the existence of construction notices! The purpose was to give owners and lenders the ability to know and track who was on their job, so that they could be proactive to avoid lien claims filed by them. When communication breaks down on a project, it can cause jobsite delays, payment disputes, and costly litigation. Ultimately, a preliminary notice is an effective communication tool that benefits everyone on a project.

States use different names for a preliminary notice, though the function of each is very similar. However, every state has their own specific notice deadlines and form requirements.

Even states that use the same name for preliminary notices vary greatly in their application. A Notice to Contractor is used in Georgia , as well as on public projects in Washington. These include:. All of the different names, forms, and requirements can seem overwhelming!

We make the requirements — and the preliminary notice process — simple. We make it even simpler by letting you send notices for free through Levelset.

Send notices for free. Sometimes, state law requires parties to send preliminary notices in order to preserve their lien rights. These notice laws are complicated and differ significantly from state-to-state and project-to-project. Each state has their own statutes that govern the rules and deadlines for sending notice to protect payment.

Notably, New York lacks any notice requirements at all. States often have different rules for different types of construction projects. The state rules may allow notice to be sent long after the job begins on a commercial job. For example, Washington contractors and suppliers have 60 days to send the notice. But the same state may set a different notice deadline for public or state jobs. For example, construction parties must send notice within 10 days on public projects in Washington.

Most states require subcontractors and suppliers to provide the notice to key project stakeholders like the property owner, the general contractor, and the construction lender. Notices must typically be sent by certified mail, certified mail return receipt requested, or by registered mail. You can learn more in this article: What is a pre-lien notice?

Many construction companies already appreciate the benefit of sending and receiving notices. They often have sophisticated policies in place to track deadlines and send or collect notices on every project. A preliminary notice is typically sent at the beginning of a project, or within a specific amount of time after first providing labor or materials. Learn how preliminary notices work, and how you can use them to improve communication and speed up payment on every construction project.

Here are answers to common questions contractors have about preliminary notices in construction, prepared by construction attorneys and payment experts. Whether you need to send a notice, or are collecting and receiving them, this guide will help you understand these notice documents and how to manage them.

I'm a subcontractor and have been working with a larger GC who has been stringing us out of the last 3 months. I need to For instance, in Texas , when you send notice is dependent on your role on the job, and for most craftspeople, several notices must be sent. In California, notice must be filed 20 days after work begins.

Late filing might mean you lose out on your rights for some work, but preserve your lien rights for any work done within the notice window. BICA can assist you with all of your notice needs. Learn more about our lien services. Email: info bicanet. However, just because personal delivery of notices can be accepted does not mean it is the best option. It is difficult to produce a documented evidence of delivery when you hand your preliminary notice directly to the owner or the lender.

One can craft a document and ask the receiving party to sign it as proof that the notice was received. Another way to go about it is to take photos to prove that the notice was personally delivered. The validity of these proofs however may be questioned in court. It is still highly recommended to deliver preliminary notices—and other lien-related documents for that matter—in a way that is explicitly recognized in the lien laws of your state.

The lien laws in most states often consider a preliminary notice to be officially delivered right at the time of mailing. Delivering a preliminary notice by regular certified mail is therefore a more preferable option over sending the notice by hand. Sending your notice via regular certified mailing also gives you the ability to track your document.

A tracking number is given to each certified mail and you are able to receive delivery updates from the time the document was picked up in the post office until it gets delivered to the intended address.