By Dave Barnier
I am just curious, we are about to do a project for a company, with the
same owner, lender, etc. the only difference is there are multiple
"locations". Can we use 1 preliminary notice for the total value as
long as we include each of the locations we will be performing work?
One preliminary notice should be served for each separate written contract.
If there is only one contract covering multiple properties, in most instances one preliminary notice will be adequate to cover all of the properties being improved.
However, just because one preliminary notice may be adequate legally, some owners or general contractors may dispute this and refuse to acknowledge the validity of a lien or a stop notice on this basis.
This may lead to a fight that would have been avoided if multiple preliminary notices had been served.
You may be right in the fight, and win, but sometimes it's best to avoid the fight altogether if it's easy enough to do.
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.
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