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Preliminary Notice for Mechanics Lien
A Preliminary Notice Mechanics Lien must be issued first before a Mechanic's Lien is given. The preliminary notice is a written notice from a contractor and it is given to an owner or the general contractor instructing them that the individual is performing construction related services on a specific property or building as described in the Preliminary Notice Mechanics Lien.

Free Sample Template
Format: Word PDF
# of Pages: 2
Printable: Yes


Preliminary Notice for Mechanics Lien TemplateForm 1399
Format: Word PDF
Category: Legal, Lien
Type: Form

Preliminary Notice Mechanic’s Lien

Project Job Name: ______________________________________________________________________________

Contractor: _______________________________________ Owner: ______________________________________

Construction Lender: ____________________________________________________________________________

Deadlines:

File Lien and Serve Stop Notice: ___/___/_____

Stop Notice Action: ___/___/_____

Lien Foreclosure Action: ___/___/_____

Preliminary 20 Day Notice Checklist:

Deadline

Done

1.

Contract date

2.

Send written request letter for information needed to serve Preliminary 20 Day Notice

3.

Serve Preliminary 20 Day Notice

4.

Prepare Affidavit of Services within 30 Days of Line number 3

5.

If labor and material we provide exceeds 20% or more of the amount in the Preliminary 20 Day Notice, serve a supplemental notice within 20 days

6.

Date when we last provided labor or materials to the project

7.

If we do not receive full payment on time, notify the general contractor, owner, payment bond surety and construction lender with a written letter

Calculate the date of the project completion:

8.

Thirty days after a final completion and written final acceptance by the governmental body that issued the building permit”. Usually a final certificate of occupancy

60th consecutive day of no work. Unless due to material shortage, strike and or an act of God

Date when Notice of Completion is recorded




Record the lien and or serve the Stop Notice with the time that is allotted:

9.

Done

Date

If Notice of Completion is recorded , with in sixty days of the recording date; if Notice of Completion is not recorded within 120 days following completion

After the Notice and Claim of Lien is recorded a copy must be served on the owner preferably on the lien date using one of the statutory methods

Sue to foreclose the lien and or enforce the Stop Notice:

10.

File action on Stop Notice within three months after the deadline for recording the liens

11.

File a lien foreclosure action within six months of the lien recording date

12.

When full payment is received, record and serve Satisfaction and Release of Lien



A Sample Preliminary Notice Mechanics Lien must contain the following items:

1. A general description of all labor, service, equipment, or materials that is furnished or to be furnished and an estimate of the total price.

2. The name and address of the person that is providing the labor, service, equipment and or materials.

3. The name of the person who contracted for the purchase of the listed labor, service, equipment, and materials.

4. A description of the jobsite that is detailed enough to identify.

5. The following statement:


NOTICE TO THE PROPERTY OWNER

If bills are not paid in full for the labor, services, equipment, or materials furnished or to be furnished, a mechanics lien leading to the loss, through court foreclosure proceedings, of all or part of your property that is 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.

2. Any other method or device that is appropriate under the circumstances.

Other than residential homeowners of dwellings that contain less than five units, private project owners must notify the original contractor and any lien claimant who has provided the owner with a preliminary 20 day lien notice in accordance with the Civil Code that a notice of completion or notice of cessation has been recorded within ten days of its recording. Notice shall be by registered mail, certified mail, or first class mail. Failure to notify will extend the deadline to record a lien.