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Preliminary Notice Procedure (California)

Document Type: Procedure
Version: 1.0
Last Updated: February 2026
Distribute To: AR Team, Project Managers, Estimating

Purpose​

Establish a reliable process for sending preliminary notices on all applicable projects to protect mechanics lien rights under California law.

⚠️ CRITICAL INFORMATION​

The 20-Day Rule​

You must send a preliminary notice within 20 days of first furnishing labor, services, equipment, or materials to preserve FULL lien rights.

If sent late:

  • Lien rights only cover work performed in the 20 days BEFORE the notice was sent
  • All prior work may be unprotected

Who Must Send​

In California:

  • Subcontractors - Required
  • Material Suppliers - Required
  • Equipment Lessors - Required
  • Laborers - Required
  • Prime Contractors - Not required, but recommended

Preliminary Notice Requirements​

Required Content (California Civil Code § 8102)​

The preliminary notice MUST include:

  1. Statement that notice is required by law

    • Use statutory language

  2. Description of work or materials

    • General description sufficient
    • "Electrical work" or "Plumbing materials"

  3. Name and address of claimant

    • Your company information

  4. Estimated total price

    • Can be estimate
    • Update if significantly exceeded

  5. Name and address of person who hired you

    • The party you contract with

  6. Job description and location

    • Project name and address
    • Legal description (if known)

  7. Names of property owner and direct contractor

    • Must identify correctly

Step-by-Step Process​

Step 1: Gather Information (Before Work Begins)​

Obtain from Contract or Customer:

  • Property owner name and address
  • Direct (general) contractor name and address
  • Construction lender name and address (if any)
  • Project address
  • Project name/description
  • Contract amount

IMPORTANT: Do this BEFORE first day of work

Step 2: Prepare Preliminary Notice​

Use California Statutory Form

Per Civil Code § 8102, the notice must substantially comply with the statutory form.

PRELIMINARY NOTICE
(California Civil Code Section 8200)

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 payment to your contractor, or (2) any 
other method or device that is appropriate under the 
circumstances.

This notice is required by law to be served by the 
undersigned as a preliminary step toward filing a 
mechanic's lien in accordance with California Preliminary 
Notice Law (Civil Code Section 8200), stop notice, and/
or bond claim.

This is not a lien. This is not a reflection on the 
integrity of any contractor or subcontractor.

INFORMATION ABOUT THIS NOTICE:

1. CLAIMANT INFORMATION
Name: [Your Company Name]
Address: [Your Address]
[City, State, ZIP]

2. TYPE OF WORK OR MATERIALS:
[Description - e.g., "Electrical installation and materials"]

3. ESTIMATED TOTAL PRICE: $[Amount]

4. PERSON OR COMPANY HIRING CLAIMANT:
Name: [GC or party who hired you]
Address: [Address]

5. PROJECT INFORMATION:
Job Description: [e.g., "New commercial building construction"]
Job Location: [Street Address, City, State, ZIP]

6. OWNER INFORMATION:
Name: [Property Owner Name]
Address: [Owner Address]

7. DIRECT CONTRACTOR:
Name: [General Contractor Name]
Address: [GC Address]

8. CONSTRUCTION LENDER (if any):
Name: [Lender Name]
Address: [Lender Address]

This notice was served on: [Date]

By: ___________________________
    [Your Name]
    [Your Title]
    [Your Company]
    [Date]

Step 3: Serve the Notice​

Who Must Receive Notice:

RecipientRequired?Method
Property OwnerYesCertified mail, personal delivery
Direct ContractorYesCertified mail, personal delivery
Construction LenderYes (if any)Certified mail, personal delivery

Acceptable Service Methods:

  1. Personal delivery (get signed receipt)
  2. Certified mail, return receipt requested
  3. Registered mail
  4. Overnight delivery with signature confirmation

NOT Acceptable:

  • Regular first-class mail
  • Email (alone)
  • Fax (alone)

Step 4: Document and File​

Proof of Service Record:

  • Keep copies of all notices
  • Keep all mailing receipts
  • Keep signed delivery confirmations
  • Note dates of service
  • File in project folder

Tracking Log:

ProjectDate SentOwnerGCLenderProof
Proj A1/15/26✓✓N/ACert mail receipts
Proj B1/18/26✓✓✓Cert mail receipts

When to Send Updated Notice​

Send supplemental notice when:

  • Contract amount increases significantly (over 10%)
  • Scope of work changes substantially
  • New property owner identified
  • New construction lender

Common Mistakes to Avoid​

❌ DON'T:​

  • Wait until Day 19 (mail delays happen)
  • Use regular mail only
  • Send to wrong addresses
  • Use non-statutory form
  • Forget the construction lender
  • Fail to keep proof of service

✅ DO:​

  • Send within 10 days of first work (buffer)
  • Use certified mail with return receipt
  • Verify recipient information
  • Use California statutory form
  • Send to ALL required parties
  • Keep excellent records

What If You Miss the 20-Day Deadline?​

Send the notice anyway!

Late notice protects:

  • Work performed in the 20 days before service
  • All work performed after service

Better late than never, but on time is best.

Preliminary Notice Checklist​

Before first work on any project:

  • Project information gathered
  • Owner information verified
  • GC information verified
  • Lender information obtained (if any)
  • Preliminary notice prepared
  • Notice reviewed for accuracy
  • Sent via proper method (certified mail)
  • Sent to ALL required parties
  • Proof of service retained
  • Logged in tracking system
  • Calendar reminder set for lien deadline

Sample Calendar Workflow​

DayAction
Day 1First work performed
Day 1-3Gather all required information
Day 3-5Prepare preliminary notice
Day 5-7Mail preliminary notice (certified)
Day 10-12Confirm delivery/receipt
Day 15Verify in tracking log
Day 20Deadline (you should be done by now!)
  • California Preliminary Notice Form (statutory)
  • Preliminary Notice Tracking Log
  • Mechanics Lien Procedure
  • Lien Waiver Management Procedure

Software Integration​

BLDR Pro Features:

  • Project information capture
  • Preliminary notice tracking
  • Deadline reminders
  • Document storage
  • Payment tracking integration

California Civil Code Sections:

  • § 8200-8216 (Preliminary Notice requirements)
  • § 8102 (Content requirements)
  • § 8106 (Service requirements)

This document provides general information. Consult with legal counsel for specific situations.

Template provided by support.construction. Customize for your company and verify current law.