Protecting Yourself

Preliminary Notices in California

In California, sending a preliminary notice is required to preserve your lien rights. Miss the deadline and you may lose your ability to file a lien entirely.

6 min read

A California Preliminary Notice (also called a 20-Day Preliminary Notice) is a formal written notice you send to the owner, GC, and construction lender at the start of a project. It puts them on notice that you're working on the project and preserves your right to file a mechanics lien if you don't get paid. It is not a lien — it's a prerequisite to filing one.

Who needs to send it

In California, subcontractors and material suppliers who do not have a direct contract with the owner must serve a preliminary notice to preserve lien rights. If you're a sub working under a GC, you need to send this notice. General contractors with a direct contract with the owner are generally exempt, but sending one is still good practice.

The 20-day deadline

You must serve the preliminary notice within 20 days of first furnishing labor, services, equipment, or materials to the project. If you miss this window, you can still send a late notice — but it will only protect your lien rights for labor and materials furnished in the 20 days before the late notice was served and everything after. You lose protection for everything before that.

Who to send it to

Send the preliminary notice to: the owner of the property, the general contractor, and the construction lender (if there is one). Their names and addresses should be in your subcontract. If you don't have the owner's information, you can get it from the building permit or county recorder's office.

How to serve it

California law requires the notice to be served by first-class mail, certified mail, or personal delivery. Certified mail with return receipt is recommended — it gives you proof of delivery. Keep copies of the notice and your proof of service in your project file.

What happens if you don't send it

If you don't serve a preliminary notice and you don't get paid, you lose the ability to file a mechanics lien against the property. This is one of the most common and costly mistakes subcontractors make. Send the notice on day one of every project — treat it as standard procedure.

This is general educational information, not legal advice. California lien law is complex and deadline-driven. Consult a California construction attorney for guidance specific to your situation.

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