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To whom do I need to send Preliminary Notices when my company is dealing with an Owner Rep rather than the G.C.?

CaliforniaPreliminary Notice

We are suppliers for a hotel renovation. We are dealing with the hotel owner's representative who has his own company. We are not selling the material to the General Contractor. We are selling it to the hotel owner. To whom do I need to send the Preliminary Notices? Does the G.C. still need to be included? If the owner representative is not able to access his mail, is the email notification (in addition to the mailed notice) sufficient?

1 reply

Jan 4, 2018

In California, the requirements for sending notice will be bound by who a party has contracted with rather than their title on the job. With that in mind, parties who contract directly with the owner (even if not traditionally considered a "general", "prime", or "direct" contractor) will only need to send preliminary notice to the construction lender, if one is present. If the party sending notice has contracted with another party who has contracted with the owner, the party sending notice will not be considered a direct contractor and notice will need to be sent to the general contractor, the owner, and the lender (if applicable). Regardless of who's required to receive the notice, it may be a good idea to send the notice to other parties to the project to promote visibility. As for the effectiveness of the notice, in California, the preliminary notice must be sent within the 20-day notice period by registered or certified mail, express mail, or overnight delivery by an express service carrier. Actual delivery is not required within the period. The requirement is considered met if properly sent within the period. Also, it’s important to keep and maintain proof that you properly mailed the California construction notice. Of course, sending additional notice through email could certainly be a positive - but the notice must still be sent as required.

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