Insurance & LiensQuestion 639 of 1632

A subcontractor on a private residential remodel wishes to preserve mechanics' lien rights. The preliminary 20-day notice under Civil Code §8200 must be served:

a.Only on the owner, and not the contractor or lender
b.Within 20 days after first furnishing labor or materials
c.Only after the owner records a notice of completion
d.Within 90 days after first furnishing labor or materials

Explanation

Civil Code §8200 requires every claimant other than the direct contractor and wage laborers to serve the owner, the direct contractor, and the construction lender not later than 20 days after first furnishing labor, service, equipment, or materials; §8204 lets a late notice stand but limits the claim to the 20 days before service and afterwards. (a) leaves out the two recipients whose omission costs the most — without the lender there is no bonded stop payment notice. (c) reverses the sequence, since a notice of completion starts the lien clock rather than the notice clock. (d) uses 90 days, which is the §8412 deadline for recording the lien, not for serving the preliminary notice.

Law Reference: Civil Code §8200 / §8204(a)

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