Quick Facts
Notice Type
Preliminary Notice (20-Day Notice)
Statute
Cal. Civ. Code §§ 8102, 8200–8216
Deadline
20 days from first furnishing of labor, services, or materials
State
California (CA)
Statutory Warning Text
NOTICE TO PROPERTY OWNER If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanic's lien leading to the loss, through court foreclosure proceedings, of all or part of your property being so improved may be placed against the property even though you have paid your contractor in full. You may wish to protect yourself against this consequence by (1) requiring your contractor to furnish a signed release by the person or firm giving you this notice before making each payment to your contractor, or (2) any other method or device that is appropriate under the circumstances.
Who Must File
All claimants except direct contractors. This includes subcontractors, material suppliers, equipment lessors, and laborers (if employed by anyone other than the direct contractor).
Who Is Exempt
Direct contractors and laborers employed directly by the owner.
Deadline Details
Deadline: 20 days from first furnishing of labor, services, or materials
Service Requirements
The Preliminary Notice must be served by certified or registered mail, or by any other means of delivery that provides written verification of delivery, to the owner, direct contractor, and construction lender (if any).
Common Compliance Issues in California
Disclaimer: The following are frequently cited issues based on statutory requirements. This is NOT legal advice. Consult a California-licensed construction attorney for guidance on your specific situation.
1Failing to Notify the Construction Lender
California law requires the Preliminary Notice to be served not just on the owner and direct contractor, but also on the construction lender if one exists.
Prevention: Always research the property records to identify any construction lenders before sending your notice.
Ref: Cal. Civ. Code § 8200(e)
2Missing the 20-Day Window
While you can file a late notice in California, it only protects the value of labor/materials provided in the 20 days preceding the late notice, forfeiting earlier work.
Prevention: Establish a strict workflow to send notices within the first 10 days of starting a project.
Ref: Cal. Civ. Code § 8204(a)
Frequently Asked Questions
What happens if I send my California Preliminary Notice late?
Unlike some states, sending it late does not completely destroy your lien rights. However, it restricts your lien claim to only the labor or materials provided within the 20 days immediately preceding the date the late notice was served, plus any future work.
This is general information based on California statutes, not legal advice.
Cal. Civ. Code § 8204(a)Do direct contractors (General Contractors) need to file this?
Direct contractors do not need to serve a Preliminary Notice on the owner or subcontractors, but they MUST serve it on the construction lender if there is one.
This is general information based on California statutes, not legal advice.
Cal. Civ. Code § 8200(e)