New language required for California preliminary 20 day notice

 In Mechanic’s Lien Law Updates and News

Most of us are aware of the requirement for serving a preliminary 20 day notice on California private works of improvement. And the fact that it is a requirement before recording a California mechanic’s lien.

But there are other requirements you should bear in mind. New Civil Code Section 8102 has mandatory wording which must be included in all such notices, under the heading of: “Notice under this part
(meaning all the new provisions of the mechanic’s lien law under the Civil Code). There is a requirement that in addition to any other information required by statute for that type of notice, include all of the following information . . .” It appears this would apply, at a minimum, to a Mechanic’s Lien and a 20-Day Preliminary Notice.

For this reason, the required information has now been inserted into the new 20-Day Notice and Lien. For example, the following information is now mandatory:

• The name and address of the owner
• The name and address of the general contractor
• The name and address of the construction lender, if any
• A description of the job site, including street address
• The name, address, and relationship to the parties of the person giving the notice
• A general statement of the work
• The name of the person you have a contract with
• An estimate of the claimant’s demand

As everyone will acknowledge, complying with these technical requirements will prevent the other side from coming up with any bona fide defense.

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