Insurance & LiensQuestion 74 of 1632

A preliminary notice on a private construction project must be served on:

a.The owner, the direct contractor, and the construction lender
b.The direct contractor and the lender, but not the owner of record
c.The owner and the direct contractor, plus the building department
d.The party the claimant contracted with and the county recorder

Explanation

§8200(a) names three recipients: the owner or reputed owner, the direct contractor to which the claimant provides work, and the construction lender if there is one. §8200(c) and (d) make that service a prerequisite to a valid lien claim, stop payment notice, or claim against a payment bond. The real exceptions run the other way from these distractors: §8200(e) excuses a laborer entirely and requires a claimant who does have a direct contract with the owner to notify only the construction lender. (b) drops the owner, whose property the lien attaches to; (c) adds the building department, which has no role in the lien scheme; and (d) confuses the preliminary notice with recording the claim of lien itself at the recorder's office.

Law Reference: Civil Code §8200(a), (c)-(e)

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