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Incorrect spelling on the Prelim

If there was an incorrect name placed on a Preliminary Notice Served and the Company went to file a Stop Notice later, would there be any sort of issues that may arise from the miss spelling or wrong Company name (John Doe Construction Construction instead of Jon Doe Construction Corporation) on the Preliminary Notice?

1 reply

Dec 4, 2017

This issue actually comes up pretty often, and the fallout resulting from such a mistake varies greatly from state to state. While California statute requires the name and address of the owner, GC, lender (if applicable), and the claimant, some leniency is built into the statute. Specifically, § 8102(b) of the California mechanics lien statute states, "Notice is not invalid by reason of any variance from the requirements of this section if the notice is sufficient to substantially inform the person given notice of the information required by this section and other information required in the notice." So, an innocuous typo like the one you described should be of little consequence in California as long as the information on the notice is still sufficient to put the receiving party on notice (though in other states, such as New York, it might cause real problems). However, if the deadline to send notice has not passed, correcting the information and resending the notice is an available option. If that deadline is close, though, the risk may not be worth the reward.

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