Construction Notice Requirements Guide (California)

Document Type: Reference Guide
Version: 1.0
Last Updated: February 2026
Distribute To: Project Managers, AR/AP, Estimating

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Purpose

Summarize critical notice requirements in construction contracts to protect rights and avoid waiver of claims.

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⚠️ CRITICAL: Notice is Everything

Failure to provide timely notice can result in:

• Loss of lien rights
• Waiver of claims
• Denial of change orders
• Loss of delay damages
• Contract termination

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Lien-Related Notices (California)

Notice	Who Sends	To Whom	Deadline	Purpose
Preliminary Notice	Subs, suppliers	Owner, GC, lender	Within 20 days of first work	Preserve lien rights
Stop Payment Notice	Unpaid claimant	Owner/lender	Before final payment	Stop funds
Mechanics Lien	Unpaid claimant	Property	90 days after completion	Secure payment
Notice of Completion	Owner	County recorder	Within 15 days of completion	Shortens lien deadlines
Notice of Cessation	Owner	County recorder	When work stops 30+ days	Shortens lien deadlines

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Contract Notice Requirements

Change Order Notices

Event	Notice Requirement	Typical Deadline
Changed conditions	Written notice to owner/GC	7-14 days of discovery
Extra work directed	Written notice before work	Before starting work
Price increase claim	Written with cost backup	Per contract (often 7-21 days)

Key Language to Look For:

• "Contractor shall notify within __ days"
• "Failure to notify constitutes waiver"
• "No claim shall be valid unless..."

Delay Notices

Situation	Notice Requirement	Typical Deadline
Delay event occurs	Written notice to owner	5-14 days of event
Time extension request	Formal request with backup	Per contract
Delay damages claim	Detailed cost/schedule impact	Per contract

Must Include:

• Nature of delay
• Cause of delay
• Anticipated duration
• Impact on schedule
• Request for time extension

Claim Notices

Claim Type	Notice Requirement	Key Elements
Differing site conditions	Immediate notice, don't disturb	Describe conditions, location
Defective specifications	Before proceeding with work	Identify defect, proposed resolution
Owner interference	Document as occurs	Specific interference, impact
Acceleration	Before accelerating	Direction received, cost impact

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Notice Best Practices

Always:

• Put notices in writing
• Send certified mail or email with read receipt
• Reference contract provision
• Be specific about facts
• State what you're claiming
• Keep copies of everything
• Note date sent and received

Format:

[Date]

VIA: [Certified Mail/Email]

[Recipient Name and Address]

RE: Notice of [Claim Type]
    Project: [Name]
    Contract: [Number/Date]
    Contract Reference: Section [X.X]

Dear [Name]:

This letter serves as formal notice pursuant to Section [X.X] 
of the Contract dated [date].

[Description of event/condition/claim]

[Impact on work/schedule/cost]

[What you are requesting]

We reserve all rights under the Contract.

Sincerely,
[Signature]

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Common Notice Deadlines

Typical Contract Deadlines:

Notice Type	AIA A201	ConsensusDocs	Public Works
Claims	21 days	14 days	Varies
Changes	7 days	7 days	Varies
Delays	21 days	14 days	Varies
Differing conditions	Prompt	Prompt	Immediate

ALWAYS CHECK YOUR SPECIFIC CONTRACT

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Notice Tracking Log

Date	Notice Type	To	Via	Response Due	Response Received

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California-Specific Requirements

Public Works:

• Government Code requirements
• Specific claim procedures
• Short deadlines (often 15-20 days)
• Board approval may be required

Private Works:

• Contract governs
• Prelim notice within 20 days
• Mechanics lien within 90 days

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Related Documents

• Preliminary Notice Procedure
• Change Order Management
• Mechanics Lien Filing
• Claim Procedures

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Template provided by support.construction. Consult legal counsel for specific situations.