A California 20-Day Preliminary Notice is a legal document that subcontractors, suppliers, and equipment lessors must serve within 20 days of first furnishing labor or materials to preserve their right to file a mechanics lien. Without it, you forfeit your lien rights entirely.
Late Filing Warning: If you miss the 20-day window, a late notice still protects work performed in the 20 days before it was sent and all work afterward — but anything furnished earlier receives no lien protection. Direct contractors are generally exempt from notifying the owner, but must still serve a notice to the construction lender on financed projects. Read our full guide below!
Learn how to send a 20-day Preliminary Notice to protect your payment rights in less than 2 minutes.
A preliminary notice is a legal document that informs the property owner, general contractor, and construction lender that you’re working on their project and expect payment. California Civil Code requires this notice from anyone without a direct contract with the property owner, including subcontractors, suppliers, and equipment lessors.
No. Subcontractors and suppliers cannot file a valid mechanics lien unless they first serve a preliminary notice. It is a mandatory prerequisite to preserve lien rights.
The state law requires the following parties to send a notice:
The only major exception is for direct contractors (general contractors), who are generally not required to send a notice to the owner but must serve one to the construction lender.
| Step | Key Details |
|---|---|
| 1. Gather Information | Collect the property owner’s name, general contractor’s name, job site address, and a description of the work/materials. |
| 2. Complete the Form | Fill out the Preliminary Notice form accurately, ensuring no fields are left blank. |
| 3. Serve the Notice | Mail the notice via certified mail with a return receipt requested to all required parties. |
| 4. Obtain Proof of Service | Keep the return receipt or other documentation as proof that the notice was sent and received. |
| 5. Keep Records | File copies of the notice and proof of service for your records in case of a future dispute. |
Follow this beginner-friendly step-by-step guide to send your California Preliminary Notice:
Before you fill anything out, make sure you have all the required details. California law specifies exact information that must appear in every preliminary notice:
When filling out the Preliminary Notice form, make sure you have all the correct details about yourself, what you’re providing, and where it’s happening. Take your time to ensure accuracy!
After filling out the form, you’ll need to deliver it properly.
California requires delivery through:
Send separate notices to:
Hold on to that return receipt or any other documentation that shows you served the notice.
Keep copies of:
This documentation proves crucial if payment disputes arise or you need to file a mechanics lien later.
Steer clear of these common mistakes when filing your preliminary notice to keep your projects running smoothly and your payments on track.
Mark these dates on your calendar:
If you discover incorrect or missing information in your notice, correct it immediately by sending an amended notice with accurate details. The sooner you fix errors, the better your payment protection will be.
Send your preliminary notice within 20 days of first furnishing labor, materials, services, or equipment to the project. The requirement is met when the notice is mailed, not when it’s received, so proof of mailing suffices.
Late notices still provide protection, but only for the value of labor or materials provided in the 20 days before sending the notice and anything provided afterward. Work performed before that 20-day window receives no lien protection.
Send your preliminary 20-day notice in California as soon as you start work or even before materials are delivered. Early filing ensures compliance and eliminates the stress of tracking deadlines while juggling project demands.
A properly filed preliminary notice creates the legal foundation for filing a mechanics lien if you’re not paid. Without this notice, you forfeit your lien rights entirely.
The notice alerts all parties to your involvement and sets clear payment expectations. It demonstrates your knowledge of California construction law and your commitment to protecting your rights.
Sending notices establishes a paper trail that helps resolve payment disputes before they escalate. Property owners and general contractors take payment obligations more seriously when they know you’ve preserved your lien rights.
If you’re a construction professional juggling several projects, it’s smart to seek help with California lien law compliance. Even minor mistakes can cause big headaches, so it’s important to pay close attention to every notice.
Whether you’re installing fences in Riverside or wiring homes in San Jose, staying ahead of preliminary notice requirements is key. This not only prevents payment issues but also saves you from having to fix problems down the line.
Yes—most parties without a direct contract with the property owner must send a preliminary notice (prelim) to preserve mechanics lien rights. This typically includes subcontractors, suppliers, and equipment rental companies. Direct contractors generally don’t send one to the owner, but may need to notify the construction lender on financed projects.
Yes, but the lien typically only covers work performed in the 20 days before the notice was sent and any work afterward. Work completed earlier may not be protected.
If you were required to serve one and didn’t, you can lose your right to file a mechanics lien. You may still have other options to pursue payment (like a contract claim), but the lien remedy may be off the table.
Some parties may be exempt depending on their role and contract relationship. Common examples include direct contractors (who generally don’t serve a notice to the owner) and individuals who only perform labor.
The lien deadlines depend on the project’s status and whether a Notice of Completion (or similar notice) is recorded. Because the timing rules can vary for general contractors vs. subs/suppliers, it’s best to confirm deadlines for your specific project before recording.
A preliminary notice is an early project notice that helps preserve your right to file a lien later. A mechanics lien is the actual legal claim recorded against the property if you remain unpaid.
You received a California Preliminary Notice from a subcontractor, supplier, or other construction professional working on your property to inform you they have supplied labor or materials and may file a lien if unpaid, thereby preserving their legal right to payment.
In general, you’ll enter your business details, the job site address, the owner/GC (and lender, if applicable), a brief description of labor/materials, and the required warning language.
Talk to our California lien specialists for a sample form.
Yes. A mechanics lien is typically recorded with the county, and owners don’t always see it immediately unless they receive notice or check the public records. If you suspect a lien, check your county recorder’s records or ask a lien professional to confirm what was recorded.
Start by requesting a written schedule update and documenting delays (texts, emails, photos). If the project keeps stalling, review your contract for milestones and notice requirements, then consider sending a formal written demand or speaking with a construction attorney.
In California, the term “72-hour rule” most commonly refers to final paycheck requirements for employees who quit, but in a construction context, it often refers to cancellation rights (technically “3 business days”) or notice-to-cure periods
In California, whether a contractor can file a lien without preliminary notice depends primarily on the contractor’s relationship to the property owner and the presence of a construction lender.
| Role | Notice to Owner? | Notice to Lender? | Notice to GC? |
|---|---|---|---|
| Direct Contractor | No* | Yes | N/A |
| Subcontractor | Yes | Yes | Yes |
| Supplier | Yes | Yes | Yes |
| Wage Laborer | No | No | No |
Liability depends on contract terms and the type of defect. In California, contractors are generally liable for 4 years for obvious (patent) defects and up to 10 years for hidden (latent) structural defects, regardless of what the contract warranty says.
Common options include getting a signed lien release after payment, disputing an invalid lien, or using a bond/other legal process depending on the situation. Start by identifying exactly what was recorded (document name, recording date, and parties) so you can choose the right removal path.
“Preliminary notice” is a common term for an early notice used to preserve construction payment rights. “Temporary notice” isn’t a standard term in many lien workflows. If you see it in your documents, confirm what form or notice the sender means.
“Lien types” depends on context, but common categories people mean are mechanics liens (construction payment), tax liens (government), and judgment liens (court judgments). If you’re dealing with property title, the document name on the recorded lien matters more than the category label.
Yes. Filing a mechanics lien in California is an administrative process that does not strictly require an attorney’s services. But lien rules are deadline-driven and form-specific, so help can reduce the risk of an invalid lien or missed deadline.
Want it done right? File with Northwest Lien. We’ve helped contractors and subcontractors since 1999.
A lien is a claim against the property, not an immediate transfer of ownership. In some cases, a lien claimant can try to enforce the lien through a legal process, but that’s separate from simply recording the lien.
Yes, you can usually search recorded documents through your county recorder’s office (online or in person). For a more complete report (and fewer missed documents), many owners use a title company or a professional title report.
Yes—you can usually search recorded documents through your county recorder’s office (online or in person). For a more complete report and fewer missed documents, many owners use a title company or professional title service.
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Costs vary based on how you prepare and serve it. At minimum, expect delivery/postage costs; if you use a professional service, fees can include document prep, mailing, and tracking/proof of service.
A document recorded by a property owner to officially signal the end of a construction project. Recording this notice significantly shortens the deadline for contractors and suppliers to file a mechanics lien. Once filed, prime contractors typically have 60 days, and subcontractors/suppliers have 30 days to record their liens.
Northwest Lien Service prepares and files preliminary notices to ensure compliance with all California deadlines and requirements. We manage the paperwork while you focus on your work. Trusted lien service since 1999.
“NW Lien has helped out our HVAC company with several claims and they have all ended with us getting paid. Their customer service is great, informative and they have made the process very easy. Highly recommend working with them.” – Samantha Peart, Verified Customer
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Disclaimer: This article is for informational purposes only and does not constitute legal advice. Mechanics lien laws are complex and vary by jurisdiction. For specific legal guidance regarding your situation, please consult with a qualified attorney licensed in California.
