Who must give a preliminary notice, and to whom
Civil Code §8200(a) says that, except as otherwise provided by statute, before recording a lien claim, giving a stop payment notice, or asserting a claim against a payment bond, a claimant must give preliminary notice to:
- "The owner or reputed owner."
- "The direct contractor or reputed direct contractor to which the claimant provides work, either directly or through one or more subcontractors."
- "The construction lender or reputed construction lender, if any."
Two exceptions sit in §8200(e):
- A laborer is not required to give preliminary notice.
- A claimant with a direct contractual relationship with the owner gives preliminary notice only to the construction lender, if there is one.
The stakes are stated in §8200(c): compliance "is a necessary prerequisite to the validity of a lien claim or stop payment notice," and §8200(d) makes it a prerequisite to a payment-bond claim as well.
When: not later than 20 days after first furnishing
"A preliminary notice shall be given not later than 20 days after the claimant has first furnished work on the work of improvement." — §8204(a)
The same subsection answers the question every late supplier asks. A claimant who missed the window is not precluded from giving the notice later — but is then entitled to record a lien, give a stop payment notice, or claim against a payment bond "only for work performed within 20 days prior to the service of the preliminary notice, and at any time thereafter." In other words, a late notice protects the last 20 days and everything after it, not the work before. That is a reason to give the notice today, not a reason to skip it.
Section 8204(b) has a special rule for design professionals: a preliminary notice given within 20 days after the work of improvement commenced is deemed compliant for the design services.
| Event | Date | Rule |
|---|---|---|
| First furnished work | September 1 | Day 0 |
| Last day to give notice with full coverage | September 21 | Day 20 (§8204(a)) |
| Notice given later | any date | Covers work from 20 days before service, and after (§8204(a)) |
The free deadline calculator applies this to your own first-furnishing date.
What the notice must contain
Section 8102(a) lists what every notice under this part must include, "to the extent known to the person giving the notice": the name and address of the owner or reputed owner; of the direct contractor; of the construction lender, if any; a description of the site sufficient for identification, including the street address if there is one; the name, address, and relationship to the parties of the person giving the notice; and, for a claimant, a general statement of the work provided, the name of the person to or for whom it is provided, and a statement or estimate of the claimant's demand after deducting all just credits and offsets. Section 8102(b) says a variance does not invalidate the notice if it "substantially informs" the recipient.
Section 8202(a) adds three preliminary-notice-specific items:
- A general description of the work to be provided.
- An estimate of the total price of the work provided and to be provided.
- The NOTICE TO PROPERTY OWNER statement, in boldface type, in the exact words the statute sets out — beginning "EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL…" and ending with the paragraph about notices of cessation or completion.
Section 8202(b) requires a subcontractor that has not paid all compensation due to a laborer to include the laborer's name and address. NoticeSent prints the §8202 statement verbatim and cites the sections on the document.
How it may be served
Section 8106 allows personal delivery, mail under §8110, or the leave-and-mail method of Code of Civil Procedure §415.20. Section 8110 says notice by mail "shall be given by registered or certified mail, express mail, or overnight delivery by an express service carrier." Under §8116, notice by mail is complete when deposited in the manner Code of Civil Procedure §1013 describes — the date it goes into the mail, not the date it arrives.
The pinned text does not require a return receipt. NoticeSent mails by USPS Certified Mail with tracking and records the deposit time for each recipient; signature proof (Electronic Return Receipt) is an optional add-on.
What to keep
Because mailed notice is complete on deposit, the useful records are the document exactly as mailed, each address used, the certified tracking number, and the date and time of deposit for each recipient. NoticeSent's archive page holds all four, timestamped, for every notice it mails.