Do I need a preliminary notice in California?
Four quick questions. We'll tell you whether you need to send a 20-day notice to protect your payment, and exactly what to do next. Free, no signup.
What is your role on this project?
Not legal advice. This quiz offers general information based on California Civil Code §§8200 to 8216 and is a self-service aid, not a substitute for an attorney. Edge cases (design professionals, public works, notices of completion) can change the answer. Verify with counsel.
Who has to send a California preliminary notice?
California's preliminary notice rule (Civil Code §8200) exists so owners and lenders know who is working on a project and might claim a lien. Whether you need to send one comes down to your role.
Subcontractors, suppliers, and equipment lessors: yes
If you work under someone else or sell or rent to the job, you generally must serve a preliminary notice within 20 days of first furnishing to keep your lien, stop-payment, and bond rights. Check your deadline and serve on time so your rights relate back to day one.
Direct (prime) contractors: only the lender
A contractor who signs directly with the owner generally does not need a preliminary notice for lien rights, but must serve any construction lender on the project within the same 20-day window.
Owners and W-2 employees: no
Owners receive preliminary notices rather than send them. W-2 employees and laborers generally have wage-lien rights without serving one. If you are unsure whether you have already missed a deadline, run the lien rights checker.
Frequently asked questions
- Do I need to send a preliminary notice in California?
- Most subcontractors, material suppliers, and equipment lessors must serve a California preliminary notice within 20 days of first furnishing to preserve lien rights. Direct contractors who contract with the owner generally do not, except they must notify a construction lender if one exists. Property owners and W-2 employees generally do not send preliminary notices.
- Does a general (direct) contractor need to send a preliminary notice?
- A direct contractor who contracts directly with the owner generally does not need a preliminary notice to preserve mechanics lien rights. The exception is the construction lender: if the project has one, the direct contractor must serve a preliminary notice on that lender within 20 days of first furnishing.
- Do property owners send preliminary notices?
- No. Preliminary notices are sent to the owner, not by the owner. Receiving one is not a bill or a lien. It simply preserves a contractor or supplier's right to record a lien if they go unpaid. Owners should keep notices on file and track who is working on the project.
- What happens if I should have sent a preliminary notice but didn't?
- You can still send one. A late notice preserves lien and bond rights for work furnished in the 20 days before service, plus everything after, but you forfeit protection for earlier work. The sooner you serve, the more of your work stays covered.
Built by Prelien · California mechanics lien tools · Sources: Cal. Civ. Code §§8200 to 8216.