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ContractorsAugust 10, 20264 min read

The 20-day preliminary notice: how lien rights are born

For anyone who did not contract with the owner, the preliminary notice is usually the first document that keeps a later mechanic's lien alive.

Statutes in this guide

Civ. § 8800Civ. § 8200

Who must serve it

Direct contractors who sit on a contract with the owner often have a different notice path. Subcontractors and suppliers typically must serve a preliminary notice within 20 days of first furnishing labor or materials. Serve late and you generally protect only the work from 20 days before the notice forward — earlier work drops out.

Who gets a copy

Owner, original contractor, and construction lender if there is one. Missing the lender is a frequent, expensive miss on jobs with a construction loan. Use the addresses on the building permit and the recorded deed, not the superintendent's cell phone.

Then keep the second clock

The preliminary notice does not record a lien. It preserves the right to record one later under § 8400. Calendar completion, notices of completion, and the 90- or 30-day recording window the day you serve.

Local filing steps →

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Turn the dates in this guide into a notice

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