Preliminary Notice FAQ


We are not lawyers. We are not accountants. We are people who have been around the construction industry for many years and have learned from the school of hard knocks! You are not going to get legal advice here. You will learn some pratical things about filing California Preliminary Notices. Click on Top and you will be returned to the top of this page.



1. What Are Mechanic's Liens?

Mechanic's Liens are a set of laws enacted in all states that help mechanics get paid for work they do for others. In California construction, mechanics are contractors, subcontractors, material suppliers, equipment rental providers, and others providing material, labor, or services to the owner of real property.



2. What Is A Preliminary Notice?

A Preliminary Notice, also known as a 20 Day Notice (in California) and a Pre-Lien Notice, is a document filed to protect a person or company's lien rights. It is completed and served to the keys parties in the construction project. (See Who Receives The Preliminary Notice?, below.) Top



3. What Information Goes On A Preliminary Notice?

Bascially the preliminary notice contains the names and addresses of the property owner, the prime contractor, the person or company serving the notice, and a lender, if there is one, the job site address and a description of the work or materials for which the notice is being served. Top



4. Who Can File A Preliminary Notice?

Any person or company who provides labor, material, equipment or services for the improvement of real property may file a preliminary notice. Examples would include an electrical contractor, a lumber yard, equipment rental yard and an engineer. They are all considered mechanics in this context. Top



5. Who Should File A Preliminary Notice?

EVERYONE! Why am I being so emphatic about this? If you do not file a preliminary notice you loose your lien rights. That means you might not get paid. Is that reason enough for you? Top



6. When Should A Preliminary Notice Be Filed?

California law lets you file a preliminary notice no more than twenty (20) days prior to first supplying materials, equipment, labor, or services to a property owner OR up to twenty (20) days after last supplying materials, equipment, labor, or services. Hence the nickname 20 Day Notice. Top



7. How Long Does It Take?

After you send the worksheet to us we generally have the paperwork completed and the notices in the mail within two days, slightly longer if we receive the worksheet on a Friday or holiday. Top



8. How Is A Preliminary Notice Filed Or Served?

Serving or filing a preliminary notice is fairly easy. The notices do not get filed with the county, nor is a process server needed. We always send the notices via first class, certified mail with return receipt, with the return receipt going to you. This complies with state law which allows any of the following three ways:

  • First class registered or certified mail, postage prepaid
  • Personally delivering the notice to the persons named
  • Leaving it at the addressof the person(s) to be served Top



9. Who Receives The Preliminary Notice?

It depends on the number of parties invloved. There will at least two: the prime contractor and the property owner. If a lender is involved, they will also receive a notice. There are instances in which additional parties will be notified. You, as the claimant, receive a copy.

  • Lender
  • Property Owner
  • Prime Contractor
  • Person or Company filing the Notice
  • Other parties as needed     Top



10. What Should You Receive?

If you are having us file a notice for you, you should receive a copy of the preliminary and a Proof of Service. We will also send copies of the postal receipts. Oh yes, and our invoice. Top



11. What Do I Do If I Don't Get Paid?

I would suggest that you file a Stop Notice (next section.) If that doesn't bring results then find an lawyer in your area who specializes in Lien Law. If you are an out-of-state contractor find a lawyer who is licensed in California or who can refere you to a California lawyer. Most local Bar Associations have a website that you can use to locate an attorney in your area with the expertise you need. Top



12. How Do I File A Stop Notice?

A stop notice is used to direct the owner of a project to set aside money that is otherwise owed to the contractor until your claim is paid. It creates a fund that will be available to pay your unpaid invoice. A stop notice is a lien on construction funds. The closest analogy I can think of is that it creates a fund similar to an escrow. (Note: you cannot file a mechanics lien of a public project in California.) There is good description of lien law and stop notices on the state's website. Managing A Business. Top



13. What is the difference between a Preliminary Notice and a Lien Release?

A Preliminary (Pre-Lien) Notice lets the interested parties know that you (or your company) has an interest in the project (and the property) referenced in the Preliminary Notice. A Lien Release tells the general contractor and the property owner that you have been paid. There are four lien release forms:

  • Conditional Waiver and Release Upon Progress Payment
  • Conditional Waiver and Release Upon Final Payment
  • Unconditional Waiver and Release Upon Progress Payment
  • Unconditional Waiver and Release Upon Final Payment       Top



14. How Do We Work With You?

Now for the commerical!

We feel you should send preliminary notices for each and every job! Yes it costs a few dollars, but can you afford not to get paid for any job? We work with you via email so it is fast. It is easy. Just download our pre-lien worksheet (see below), file it out, and email it back to us. We do the paperwork, put the notices in the mail, and send you copies along with our invoice via email. Easy! (Instructions are included on the worksheet.)

To download the pre- lien worksheet (an Excel worksheet) do the following:

  1. Right click on the link
  2. Select Save Link As... (it may read Save Target As...)
  3. Select a folder on your computer
  4. Click the Save button on the dialog box


Depending on your computer, you may be able to click the link and the worksheet will open. You can then save it to your hard drive. Be sure to rename the worksheet for each project so you have a copy. Top



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Last revised on 12/09/11.