What is a preliminary notice (20-day notice) in California?

Answered by Netanel Presman, General Contractor (CSLB #1105249) · Updated

Short answer

A California preliminary notice (often called the 20-day notice) is a document that subcontractors, suppliers, and equipment lessors must send to the property owner, prime contractor, and construction lender within 20 days of first providing labor or materials. The notice is a prerequisite to filing a mechanic's lien. Homeowners receiving a preliminary notice should save it — it identifies who can file a lien if unpaid.

In detail

California's preliminary notice is mandated by Civil Code §8200-§8214 as a core element of the mechanic's lien system. Every sub, supplier, and lessor on a construction project (except the prime contractor) must serve a preliminary notice to preserve lien rights.

Who must send it:

  • Subcontractors (electricians, plumbers, framers, etc.).
  • Material suppliers (lumber yards, cabinet vendors, tile distributors).
  • Equipment lessors.
  • Design professionals in some cases.

Who does NOT send preliminary notice:

  • The prime contractor who has a direct contract with the owner (they file a lien directly).
  • Laborers claiming wages (separate lien rights).

When it must be sent:

  • Within 20 days of first providing labor or materials.
  • Late notices preserve lien rights only for work performed in the 20 days before notice.

What it must contain (per Civil Code §8202):

  • Description of work or materials to be provided.
  • Estimated total price.
  • Name and address of the person providing.
  • Name of the person who contracted for the work.
  • Property description.
  • Statement of lien rights.

How it must be sent:

  • First-class mail with certificate of mailing, registered mail, or certified mail.
  • Personal delivery with signed receipt.
  • Served on: the owner, the prime contractor, and the construction lender.

Why homeowners should care:

  • A preliminary notice is your earliest warning that a sub or supplier is owed money on your project.
  • If your GC fails to pay that sub or supplier, they can file a mechanic's lien against your property — even if you paid your GC in full.
  • Save every preliminary notice. Match them to lien waivers when your GC requests a draw.

Practical response to receiving a preliminary notice:

  1. Save the notice.
  2. Add the sub or supplier to your draw-release checklist.
  3. Before releasing each draw to your GC, require an unconditional lien waiver from every noticed sub/supplier for work done to date.
  4. If you don't receive a waiver, hold the draw until you do.

Related notices:

  • Notice of Completion (Civil Code §8182) — filed after project completion; shortens lien-filing window.
  • Notice of Cessation (Civil Code §8188) — filed if work stops for 60+ days.

AskBaily's LA-matched contractors include lien waiver collection from subs as a required part of the draw schedule. See /ask/what-is-a-mechanics-lien-release for the full waiver workflow.

Sources

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