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California 20 Day Preliminary Notice for Materials to Client with No Contractor

California

We had Levelset file a 20 Day Preliminary Notice but the city won't accept it because there's no contractor listed. No contractor was apart of the project. She purchased the windows and doors direct from our firm. How do we update the 20 Day Preliminary Notice to get it processed if there is no contractor?

2 replies

Jun 1, 2023

It is not clear from your question why it is that the City is responding to a Preliminary Notice. Preliminary Notices are typically sent to the Owner, the Contractor, the Lender, if any, and the party with whom you contracted. Preliminary Notices are not filed with the City or recorded with the County recorder. If you are in direct contract with the Owner, you may not need to serve a Preliminary Notice in order to enforce a mechanics lien. I suggest you consult with a construction law attorney to get advice concerning your options. 

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Jun 1, 2023

If you contracted directly with the homeowner, then you do not need to file a preliminary notice. Rather you need a home improvement contract signed by the owner. Look at Business and Professions code sections 7159 & 7159.5. I concur with Mr. Ginn, you should probably consult with a construction law attorney. 

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