Insurance & LiensQuestion 1470 of 1605
The California 'Preliminary Notice' (often called the 20-day notice) must generally be served within 20 days after the claimant first furnishes labor or materials. What is the primary consequence of serving it late?
a.The claimant permanently loses all lien rights for the entire project
b.The claimant must double the notice period to 40 days
c.The claimant may still lien for the full contract amount
d.The lien and stop payment notice rights are limited to work provided within 20 days before the notice is given, and thereafter
Explanation
Under Civil Code §8204, a preliminary notice given late still preserves lien/stop-notice rights, but only for work furnished within 20 days before service of the notice and afterward — the claimant loses rights for earlier work. Serving on time protects the full claim.
Law Reference: Civ. Code §8200Practice all 1605 questions free — no signup required.
Related questions on this topic
- On a private project with NO notice of completion or cessation recorded, within what period after completion of the work of improvement must a direct (prime) contractor record its mechanics lien?
- After the owner records a valid Notice of Completion, within how many days must a SUBCONTRACTOR or material supplier record its mechanics lien?
- After a Notice of Completion is recorded on a private work of improvement, the DIRECT (prime) contractor must record its mechanics lien within:
- On a private project, a subcontractor who has no direct contract with the owner must serve a Preliminary Notice on which parties to preserve mechanics lien rights?
- Which type of claimant is generally NOT required to serve a Preliminary Notice to preserve a mechanics lien?
- A direct contractor who contracted directly with the owner on a private residential project generally must serve a preliminary notice on which party, if any?
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)