Legal Question in Construction Law in California

The subcontractor sent me a 20-day preliminary notice but he didn't fill out the information of the general contractor( name and address ). Is this notice valid ?

The 20 day time frame is counted from the day he signed the notice or from the day he sent it out to me.

Thank you.


Asked on 3/25/11, 12:37 pm

3 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

The name of the contractor is not one of the necessary items listed in Civil Code section 3097(c). The notice is considered served upon mailing, per 3097(f)(3).

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Answered on 3/26/11, 1:58 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Whoops! Sent out the first answer too quickly! While it is true that the notice does not require the name and address of the general contractor, specifically, it must specify the name and address of the person who contracted with the person furnishing the notice. Usually, but not always, this would indeed be the general contractor. So, if the guy giving the notice doesn't say who he's working under, the notice is technically deficient, and usually that's goint to be the general contractor. Sorry for posting before fully reading the law.

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Answered on 3/26/11, 2:04 pm

Mr. Whipple is correct. If it is blank, it is not a valid notice. Any defect in the notice, however, can be deemed waived if you have the information already and they can prove it. Also, they can cure the defect at any time and the new notice will be valid for any work performed after, and for 20 days before, the corrected notice is given.

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Answered on 3/26/11, 8:12 pm


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