Updated Nov 2025 | Private Projects: CA Civ § 8200–8216
The California Preliminary Notice, also commonly called the California 20-Day Preliminary Notice, is an important tool to protect payments for contractors and subcontractors. It protects three main avenues of payment recovery in case payment issues arise in a construction project.
If you fail to serve a preliminary notice or serve one that’s deemed invalid:
- You lose the right to file a mechanics lien
- You lose the right to enforce a stop payment notice
- You lose the right to assert a claim on a payment bond
This is why contractors and subcontractors in California need to be familiar with the rules governing preliminary notices to ensure that your payment rights are protected. This article answers all the general questions about the California 20-Day Preliminary Notice.
What Is a California Preliminary Notice?
A preliminary notice notifies the owner, reputed owner, direct contractor, and/or construction lender that a claimant retains the right to file a mechanics lien claim, give a stop payment notice, or assert a claim against a payment bond in case of payment issues or non-payment. Compliance with the preliminary notice requirement is a necessary prerequisite to the validity of any lien claim, stop payment notice, and payment bond claim.
After giving the owner, direct contractor, and/or construction lender a preliminary notice, you are also permitted to record the preliminary notice with the County Recorder where the job site is located.
Notice of Intent to Lien (Optional):
Not required in California, but often effective. The California Notice of Intent to Lien alerts the owner that you’re ready to file a lien if payment isn’t made. While it doesn’t affect deadlines, many contractors and suppliers use it as a final warning to prompt payment before filing a mechanics lien.
When to Send a California Preliminary Notice
Send it within the first 20 days of work or delivery to cover all work carried out in a project. (Cal. Civ. Code § 8204)
If you fail to give a preliminary notice during this timeframe, you may still give a preliminary notice. However, note that a claimant has lien rights only for work furnished in the 20 days preceding the date of notice service and onwards. (Cal. Civ. Code § 8204(b))
How to Prepare and Serve a California Preliminary Notice
There is no single statutory form for a preliminary notice. However, Cal. Civ. Code § 8202 outlines the information that must be included:
- Name and address of the owner or reputed owner
- Name and address of the direct contractor
- Name and address of the construction lender, if any
- A site description sufficient for identification, including the street address
- Name, address, and relationship to the parties of the person giving the notice
- General statement of the work provided
- Name of the person to or for whom the work is provided
- An estimate of the claimant’s total demand
- The full “NOTICE TO PROPERTY OWNER” statement as required by statute.
How to Deliver the California Preliminary Notice
Material suppliers need to serve separate notices on:
- Owner or reputed owner
- Direct contractor
- Construction lender or reputed construction lender, if the project is financed by a loan
Preliminary Notice Delivery Methods Accepted in California
- Personal Delivery: Service is established by a Proof of Notice Declaration.
- Registered or Certified Mail: Complete at time of deposit. Include Proof of Notice Declaration and delivery confirmation.
- Express Mail: Complete at deposit. Include USPS proof of express mail service.
- Overnight Delivery by Express Service Carrier: Include carrier documentation.
It is critical to complete a Proof of Notice Declaration (Cal. Civ. Code § 8118) stating the date, place, and manner of service and retain it in your records.
Recording the Preliminary Notice With the County Recorder
Anyone who has served a preliminary notice to required parties may file the notice with the Office of the County Recorder (Cal. Civ. Code § 8214) . The purpose of this recording is to get a notification from the recorder when the owner files a Notice of Completion or Notice of Cessation.
Receiving this notice is critical because it affects your mechanics lien deadlines:
- Material Suppliers and other subcontractors: 30 days after recordation (Cal. Civ. Code § 8414)
- Direct contractors: 60 days after recordation to file lien or stop notice (§ 8412)
- If no Notice of Completion/Cessation is filed: 90 days after completion for all claimants (§ 8412, § 8414)
Recording the notice does not replace the requirement to serve it on required parties.
Consequences of Failing to Give Proper Preliminary Notice and Common Mistakes
Failing to send a proper preliminary notice results in the loss of mechanics lien rights, stop payment notice rights, and bond claim rights. (Cal. Civ. Code §§ 8200, 8204)
Common mistakes that make a preliminary notice invalid:
- Wrong owner information: Subcontractors may send to the wrong address. Direct contractors must provide accurate owner/lender info (Cal. Civ. Code § 8208)
- Not sending to all required parties: All listed recipients under Cal. Civ. Code § 8200 must receive the notice.
- Sending too late: You must send within 20 days from first furnishing labor or materials. Later notices only cover work done in the 20 days prior to service (Cal. Civ. Code § 8204).
To reduce risk of mistakes, consider using construction software with deadline alerts and owner lookup features like Handle.
What Rights Does a California Preliminary Notice Give Me?
A properly served preliminary notice protects your right to:
- File a mechanics lien
- Give a stop payment notice
- Assert a payment bond claim
It also ensures you receive alerts on filed Notices of Completion or Cessation, which affect your deadline to enforce lien rights (Cal. Civ. Code § 8214)
What Do I Do If I Can’t Find the Correct Name and Address of the Property Owner for a Preliminary Notice?
The direct contractor is legally required to provide the name and address of the owner and lender, if any (Cal. Civ. Code § 8208) . Use this resource or services like Handle’s Owner Lookup to ensure notices are sent to the right parties.