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Non-Responsibility Notices

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Send the Owner a Preliminary Notice even if they've filed a Non-Responsibility Notice

QUESTION:

We are the GC.

The Property Owner is filing a Non-Responsibility Notice.

Do we still list them on the Preliminary Notice?

Brandy, Facility Builders, Anaheim CA

ANSWER:

A notice of non-responsibility is not necessarily valid.

It must be posted during the 10-day period following the owner's learning that construction is occurring at the request of a tenant, and that doesn't always happen.

No matter, the owner should always be listed on and receive a preliminary notice despite knowing of the notice of non-responsibility. There's nothing wrong with doing the notice and potentially everything to be saved by doing it.

The tenant should also be listed on and receive a preliminary notice unless the claimant is contracting directly with the tenant.

--
Thank you to Dave Barnier for the above information. :) Mr. Barnier is a practicing litigation attorney in San Diego CA and can be reached at 619.682.4842.

The information in this article is based upon California law current at the time of writing and is provided for general information, only. The information provided illustrates laws and legal principals in general. Any information or analysis presented in this article is intended solely to educate the reader on general issues. A comprehensive review of facts, documents, and applicable laws is always required before any attorney can competently provide any legal advice regarding any particular situation. In short: Please do not rely on any part of this article when analyzing any specific situation affecting you or your business.

Preliminary Lien Notices / Pre-Liens Word and PDF versions Instant Download Unlimited Usage Unlimited Free Replacement Unlimited Free Support Includes Exclusive, In-Depth Help: Learn Exactly How to do the California Preliminary Notice! Construction-Business-Forms.com

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Article Series: Preliminary Lien Law

Preliminary Notices and Conflicting Addresses

If the address on the Grant Deed is different than the address on the prelim information given to us by the General Contractor, who do we send it to?

Nevada Notice of Right to Lien & Request for Notice of Completion

The Who, What, When, Where, Why, and How - not necessarily in that order :o)

The California Preliminary Notice Covers Up to 20 Days Back

Just because you missed the deadline doesn't mean that all is lost!

Preliminary Lien Notice Research

A preliminary lien notice won't do you any good if they don't go to the correct entities.

Who Do You Send It To?

Who is supposed to get your preliminary lien notice?

California preliminary notice, Supplier didn't do one...

Unfortunately, a prelim is required to file a lien, even if you're a supplier.

Preliminary Liens Deadlines Are Not To Be Missed

It's bad to miss the deadline, so bad that it'll cost you at least some of your lien rights.

Arizona Preliminary Liens

Arizona requires preliminary liens prior to mechanic's liens.

Who Do You Send Your Arizona Preliminary liens to?

Send your Arizona Preliminary Liens to these entities.

California 20-Day Preliminary Lien Notices Word and PDF versions Instant Download Unlimited Usage Unlimited Free Replacement Unlimited Free Support Exclusive, In-Depth, "Exactly How To Do The California Preliminary Notice" Article! Construction-Business-Forms.com

Don't Get Stiffed Working In Arizona

Don't get stiffed - An Arizona preliminary notice can help protect against that

General Contractor Was Paid But He Won't Pay Sub

What should you do? Do you still have lien rights?

California mechanic's lien laws, preliminary notices, and change orders

Do you have to do a preliminary notice for change orders?

California Preliminary Notice & Architectural Fees

I am an architect who is having difficulty with the final payment of fees...

No Preliminary Lien and the Owner Won't Pay

You didn't do a preliminary notice and now the {friggin'} Owner won't pay up

When a Preliminary Lien Notice is Refused

Did someone refuse your preliminary lien notice?

Protect your lien rights

Preliminary liens allow you to file "real" liens

Preliminary Liens and Arizona Deadlines

Don't miss the deadline for the Arizona preliminary liens

Preliminary Liens When There's More Than One Location

The potential ramifications of using one preliminary notice for several locations when they're all under the same contract

California 20-Day Preliminary Lien Notice Word and PDF versions Instant Download Unlimited Usage Unlimited Free Replacement Unlimited Free Support Includes an Exclusive, In-Depth, How-to Article! Construction-Business-Forms.com

Preliminary Notices and Dollar Amounts

Make sure the $ amount on the prelim is as accurate as possible

Preliminary Liens and Non-Responsibility

Why you should serve the owner with a prelim even if he posts a notice of non-responsibility

Preliminary Notices and Signatures

Can the signature on a preliminary notice be a copy/fax or must it be 'wet'/original?

Amending a Preliminary Lien Notice

Is it better to amend the notice, or issue a new one?

Preliminary Liens Protect Lien Rights

Brief information about preliminary liens protecting lien rights

Who Gets a Copy of the Preliminary Liens

Where to send the preliminary liens

California 20-Day Preliminary Notices Word and PDF versions Instant Download Unlimited Usage Unlimited Free Replacement Unlimited Free Support Includes an Exclusive, In-Depth, How-to Article! Construction-Business-Forms.com

Preliminary Liens Required Information - Wisconsin Primes and Generals

Information that a prime/general/direct contractor's lien notice must contain

Preliminary Liens Required Information - Wisconsin Subcontractors

Information that a subcontractor's lien notice must contain

Serving the Wrong Party

When working in Arizona be sure to timely serve the preliminary notice *to the correct parties* or there could be trouble

Preliminary Liens

A primer on preliminary liens

Getting 'Stiffed' on the Job

Preliminary liens can help save you from being 'stiffed' on the job!

Property Records are your Friend

Research property records when doing your preliminary notices

Outsourcing your Preliminary Liens

Thoughts about using a company that handles your preliminary notices for you

Preliminary Liens - a detailed, step-by-step outline

A detailed step-by-step explanation of how to process preliminary notices

Preliminary Liens

Tracking the paperwork, the proof of service, and the USPS documents for prelims

California 20-Day Preliminary Lien Notices Word and PDF versions Instant Download Unlimited Usage Unlimited Free Replacement Unlimited Free Support Includes an Exclusive, In-Depth, How-to Article! Construction-Business-Forms.com

Preliminary Liens and Notifying the Correct Parties

Make sure your prelims go to the correct entities

Mishandling of, or Not Processing, Preliminary Liens

Mishandling of, or not processing, preliminary liens is one of the top 10 mistakes contractors make

At one time the California preliminary notice form was mandated by California to be titled "20-Day Preliminary Notice Form" (exactly, word for word). The California mandate has since changed and the form is now known as the "Preliminary Notice Form" (again, exactly, word for word). Make sure what your state requires and make sure your forms are valid.