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Can I make a change to a prelim notice once sent out.

Anonymous General Contractor

I was wondering if it is possible to make a change to a Prelim notice due to the contract amount for change orders.

3 replies

Peter Ryan

Construction Lawyer

Legal Guard Lawyer

Partner at Flores Ryan, LLP

| 280 reviews

Jun 25, 2020

Change orders do not require an update to preliminary notice. Under civil code § 8200(a)(2), a preliminary notice must include “An estimate of the total price of the work provided and to be provided.” But it is only an estimate. As long as the original estimate is made in good faith and has been calculated based on some reasonable basis there is no need to amend the notice if the amount changes.

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Cathleen Curl

Construction Lawyer

Attorney at The Law Office Of Cathleen M. Curl

| 134 reviews

Jun 26, 2020

Yes, you can prepare an Amended Preliminary Notice which contains all of the same information but shows the new amount based on change orders. If the change orders are minor then your first preliminary notice will probably cover the extra work. But if they are major it would be a good and safer idea to send out an amended preliminary notice.

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Vicki Ramos

Agent at Tarrar Utility Consultants

Dec 21, 2021

What if the preliminary notice was sent months ago and you have a change order now. Can you still ammend a preliminary Notice?

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