Written by Jayson Elliott · Attorney, Bay Legal PC · CA Bar No. 332479 · Last reviewed April 2026
California 20-Day Preliminary Notice: Complete Guide
The preliminary notice is the first and most critical step for subcontractors and suppliers who want to preserve their mechanics lien rights in California. Miss this notice and you lose most of your lien rights — even if you were never paid a dollar.
Key Facts
- Must be served within 20 days of first furnishing labor or materials
- Required for subcontractors, sub-subcontractors, material suppliers, and equipment lessors
- Direct contractors (with a contract directly with the owner) are exempt
- Must be served on the owner, general contractor, AND construction lender
- Can be served late — but lien rights are then limited to the 20 days before service
Who Must Serve a Preliminary Notice?
Under California Civil Code §8200, any person who furnishes labor, services, equipment, or materials to a work of improvement must serve a preliminary notice to preserve mechanics lien rights — with one exception: direct contractors (those with a direct contract with the owner or owner's agent) are exempt.
This means the following parties must serve preliminary notice:
- Subcontractors of any tier
- Material suppliers and fabricators
- Equipment lessors
- Design professionals (architects, engineers) when they have no direct contract with the owner
- Laborers' unions furnishing benefits on behalf of workers
The 20-Day Window — And What Happens If You Miss It
The notice must be served within 20 days of first furnishing labor or materials. If you serve it late, you do not lose all your lien rights — but your lien can only cover work performed in the 20 days immediately before the date of service.
Example: You started work on January 1 and served preliminary notice on March 1. Your lien can only cover work performed between February 9 and March 1 — 20 days before your notice. All work before February 9 is unprotected.
Who Must Receive the Preliminary Notice?
Under Civil Code §8204, the notice must be sent to all of the following:
- The owner or reputed owner of the property
- The direct contractor (general contractor) under whose contract the work is being done
- The construction lender, if any (i.e., the bank financing the project)
Serving notice on only one or two of these parties may leave your lien rights against the others unprotected.
How to Serve the Preliminary Notice
Service must be accomplished by one of the following methods:
- Personal delivery to the recipient
- First-class registered or certified mail, with return receipt requested
- Overnight delivery by an express service carrier
Keep proof of service for every notice served. If a lien dispute arises, you will need to prove timely service.
What the Preliminary Notice Must Contain
Civil Code §8102 specifies the required contents. The notice must describe: (1) the work or materials being provided, (2) the name and address of the person furnishing them, (3) the name of the person who hired the claimant, and (4) the location of the property. California has a statutory form that satisfies these requirements.
Frequently Asked Questions
What is a California preliminary notice?
A preliminary notice is a written document California subcontractors and suppliers must serve on the property owner, general contractor, and construction lender within 20 days of first furnishing labor or materials. Under Civil Code §8200, it is the mandatory prerequisite to mechanics lien rights.
Who must serve a preliminary notice in California?
Subcontractors of any tier, material suppliers, equipment lessors, and design professionals without a direct owner contract must serve a preliminary notice. Direct contractors — those with a contract directly with the property owner — are exempt under California Civil Code §8200.
What happens if I miss the 20-day preliminary notice deadline?
You do not lose all lien rights, but they are severely limited. Your mechanics lien can only cover work performed in the 20 days immediately before the date you actually served the notice. All earlier work is unprotected — there is no court extension available.
Who must receive the preliminary notice?
Under California Civil Code §8204, the preliminary notice must be served on three parties: (1) the owner or reputed owner of the property, (2) the direct contractor (general contractor), and (3) the construction lender, if any.
What Comes Next
Bay Legal PC — Mechanics Lien Attorneys
Bay Legal PC prepares and serves preliminary notices for California subcontractors and suppliers on both residential and commercial projects. Protect your lien rights from day one.
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Jayson Elliott, Bay Legal PC · Palo Alto, California
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