Did You Know You Could Lose Your Right to Get Paid — Just Because You Forgot to Send a Notice?
You did the work. You supplied the materials. But if you didn't send a California preliminary notice within the required window, you may have already lost your right to file a mechanics lien — one of the most powerful tools a contractor has to get paid.
It's one of the most common and costly mistakes contractors and subcontractors make in California. The good news is it's entirely avoidable once you understand the rule.
Here's what you need to know.
What Is a California Preliminary Notice?
A California preliminary notice (sometimes called a "20-day notice" or "preliminary lien notice") is a written notice that contractors, subcontractors, material suppliers, and equipment lessors must send to the property owner, the general contractor, and the construction lender (if any) before they can preserve their right to file a mechanics lien — a legal claim against a property that secures payment for labor or materials provided to improve it.
Think of it as your ticket to the lien process. Without it, you can't get in the door.
Who Is Required to Send a Preliminary Notice in California?
Most people working on a private construction project in California must send a preliminary notice. This includes:
Subcontractors (any tier)
Material and equipment suppliers
Design professionals hired by someone other than the owner
Laborers working under a labor union collective bargaining agreement are generally exempt
The one major exception: direct contractors — those with a written contract directly with the property owner — are not required to send a preliminary notice to preserve their mechanics lien rights. However, they still must send one to preserve a stop payment notice claim against a construction lender.
When in doubt, send it. The cost of a notice is far lower than the cost of losing your lien rights.
What Is the 20-Day Deadline — and When Does It Start?
Under California Civil Code § 8204, a preliminary notice must be served no later than 20 days after you first furnish labor, services, equipment, or materials on the project.
That means the clock starts the day you first show up or deliver — not the day you finish the job or send your invoice.
If you miss the 20-day window, you can still send a late preliminary notice, but it will only protect work performed within the 20 days before you send it. Any work done earlier than that is no longer protected.
How Do You Serve a California Preliminary Notice?
California law requires the notice to be served by one of these methods:
Personal delivery to the recipient
First-class mail with a certificate of mailing (not just a stamp — you need proof)
Certified or registered mail with return receipt requested
The notice must include specific information: your name and address, a description of the labor or materials you're providing, an estimate of the total price, and the name of the person who hired you.
What Happens If You Don't Send a Preliminary Notice?
If you skip the notice, you lose your right to file a mechanics lien for work performed before the protected window. That means if the owner or general contractor doesn't pay you, your main legal leverage — the ability to cloud title on the property — is gone.
You may still have other remedies (like a breach of contract claim), but they're harder to enforce and don't carry the same pressure as a lien.
Frequently Asked Questions
Do I need to send a preliminary notice on every project? Yes — on every private construction project in California where you are not the direct contractor with the owner. It's a good habit to send one on every job as a standard practice.
What if I'm working on a public project, not a private one? The rules are different for public works. Instead of a mechanics lien, you'd pursue a claim against a payment bond. The notice requirements are similar but follow a separate process under California Civil Code § 9300 et seq.
Can I send a preliminary notice electronically? California law does not currently authorize electronic service of preliminary notices as a substitute for the methods listed above. Check with an attorney before using email or an online platform as your sole delivery method.
What if I don't know who the property owner is? You can serve the notice on the owner of record based on information from the county recorder's office. California law provides some protection if you made a good-faith effort to identify and serve the correct parties.
Is a preliminary notice the same as a mechanics lien? No. A preliminary notice is a prerequisite — it puts the owner and lender on notice that you're working on the project. A mechanics lien is a separate document you record with the county if you don't get paid, and it creates a legal claim against the property itself.
When Should You Call a Construction Attorney?
If you've already missed the 20-day window, if you're unsure whether your notice was properly served, or if you're facing a dispute over payment on a project, it's time to get legal help. Construction law in California has strict deadlines and technical requirements — a small procedural error can cost you everything you're owed.
The Bottom Line
Sending a California preliminary notice is one of the simplest, most important things you can do to protect your right to get paid. Set up a system to send it within the first week of every new job, and you'll never have to worry about losing your lien rights over a missed deadline.
If you're working through a payment dispute or have questions about your lien rights, our team is here to help. Contact us today for a consultation.
This article is for general informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Laws and procedures vary and may have changed. For advice about your specific situation, please consult a qualified California attorney.