California 20-Day Preliminary Notice
A complete guide to the 20-day preliminary notice California law requires before you can file a mechanics lien. Learn who must file, critical deadlines, and how to protect every dollar you earn on a construction project.
What Is a 20-Day Preliminary Notice?
A 20-day preliminary notice (also called a "prelim" or "pre-lien notice") is a written document required under California Civil Code §8200–§8216 that certain construction participants must serve on the property owner, general contractor, and construction lender within 20 days of first furnishing labor, services, equipment, or materials to a project.
Despite the name, a preliminary notice is not a lien. It does not indicate a dispute or nonpayment. Instead, it functions as a formal introduction—notifying upstream parties that you are working on their project and that you have the right to file a mechanics lien if you are not paid.
Key distinction: Filing a preliminary notice does not mean you intend to file a lien. It simply preserves your option to do so. Think of it as an insurance policy for your payment rights under California law.
California’s preliminary notice requirement exists to ensure property owners and lenders know exactly who is contributing to their project. Without it, an owner might pay a general contractor in full, only to discover later that unpaid subcontractors and suppliers have lien claims against the property.
Who Must File a Preliminary Notice in California?
Not everyone on a construction project is required to serve a preliminary notice. California Civil Code §8200 identifies specific parties who must file to preserve their mechanics lien rights:
- Subcontractors — Any subcontractor who does not have a direct contract with the property owner must serve a preliminary notice. This includes first-tier subs (hired by the GC) and lower-tier subs alike.
- Material suppliers — Companies that furnish building materials, fixtures, appliances, or other goods to a construction project must file if they do not have a direct contract with the owner.
- Equipment rental companies — Firms renting tools, machinery, scaffolding, or other equipment used on the job site are required to serve notice.
- Design professionals — Architects, engineers, and surveyors who are not in direct contract with the owner should file a preliminary notice to protect their lien rights.
Who is exempt?
- General contractors (direct contractors) — Contractors who have a direct contract with the property owner are exempt from the 20-day preliminary notice requirement under §8200. However, they must still comply with other mechanics lien requirements.
- Laborers — Employees performing labor on a project are always exempt from the preliminary notice requirement per California Civil Code §8200(e)(1).
Best practice: Even if you are technically exempt, many contractors choose to file a preliminary notice anyway. It establishes clear communication with the property owner and demonstrates professionalism. There is no penalty for filing a notice when one is not required.
How to File a California Preliminary Notice
Filing a preliminary notice in California does not require an attorney, a court filing, or government approval. With Prelien, the entire process takes minutes:
Enter Project & Party Details
Provide the project address, property owner name, general contractor, construction lender (if any), and a description of the labor or materials you are furnishing. Prelien’s guided form walks you through every required field so nothing is missed.
Review & Generate Your Notice
Prelien generates a state-compliant preliminary notice document that includes all the information required by California Civil Code §8202. Review the preview for accuracy, then approve it for mailing.
Mail via USPS Certified Mail
Prelien prints, packages, and sends your notice via USPS Certified Mail with return receipt requested—the delivery method specified in §8206. You receive a tracking number and delivery confirmation as proof of service.
The notice must be served on the property owner, the general contractor, and the construction lender (if one is identified). Prelien handles mailing to all required parties automatically.
Deadlines & Requirements
Timing is everything when it comes to a California preliminary notice. Here is what you need to know about deadlines, delivery methods, and consequences:
| Requirement | Detail |
|---|---|
| Filing deadline | Within 20 days of first furnishing labor, services, equipment, or materials (§8200) |
| Delivery method | Personal delivery, USPS certified/registered mail with return receipt, or any method providing proof of delivery (§8206) |
| Required recipients | Property owner, general contractor, and construction lender (if applicable) |
| Required content | Claimant name/address, job site address, owner/GC/lender names, general description of work, notice statement per §8202 |
| Late filing penalty | Lien protection limited to amounts for work performed 20 days before notice date and after (§8204) |
| No filing penalty | Complete loss of mechanics lien and stop payment notice rights for non-exempt claimants |
What if you file late? Under California Civil Code §8204, you do not lose all lien rights—but your claim is significantly reduced. A late preliminary notice only covers work or materials furnished within the 20 days immediately preceding the date the notice is actually served, plus any work performed after the notice date. All earlier amounts are unprotected. On a long project, this can mean losing thousands of dollars in lien coverage.
How the 20-day clock works: The countdown begins on the date you (or your company) first provide any labor, services, equipment, or materials to the project. It does not start when the contract is signed or when you receive a purchase order. The date of first furnishing is defined broadly: delivering materials to the job site, performing the first hour of labor, or even providing initial design services all count.
Frequently Asked Questions
A 20-day preliminary notice is a written document required by California Civil Code §8200 that certain construction participants must serve within 20 days of first furnishing labor, services, equipment, or materials to a project. It notifies the property owner, general contractor, and lender that you are working on the project and preserves your right to file a mechanics lien if payment issues arise. It is not a lien and does not imply any dispute.
Subcontractors, material suppliers, equipment rental companies, and design professionals who do not have a direct contract with the property owner must file a preliminary notice. General contractors (direct contractors) and laborers are exempt from the 20-day requirement. However, even exempt parties often file voluntarily as a professional courtesy and additional payment protection.
Filing late does not eliminate your lien rights entirely, but it severely limits them. Under California Civil Code §8204, a late preliminary notice only protects amounts for work or materials furnished within 20 days before the notice is actually served, plus any work after the notice date. You lose protection for everything before that window. On a project where you have been working for several months, this can mean thousands of dollars in unprotected payments.
California Civil Code §8206 allows three delivery methods: personal delivery, USPS certified or registered mail with return receipt requested, or any other method providing proof of delivery. Certified mail is the most widely used option because it creates an irrefutable record of when the notice was sent and received. Prelien handles certified mail delivery automatically, including printing, packaging, and USPS tracking.
Protect Your Lien Rights Today
Do not let a missed deadline cost you thousands. File your California 20-day preliminary notice in minutes with Prelien—compliant, certified, and tracked from start to finish.
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This page is for informational purposes only and does not constitute legal advice. Construction lien laws vary by jurisdiction and project type. Consult a licensed attorney for advice specific to your situation. California Civil Code references are current as of the date of publication and may be subject to legislative amendment.