The 20 Day Preliminary Notice is a written notice, headed California Preliminary Notice, that a claimant gives to the owner, the direct contractor and the construction lender of a project. The Los Angeles County Registrar-Recorder/County Clerk (RR/CC) posts it as a sample form among its property document recording forms, prepared according to legislation. It is for anyone who has furnished or will furnish labor, service, equipment or material to a work of improvement. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original sample is published by the RR/CC at the official URL.
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What is 20 Day Preliminary Notice?
The 20 Day Preliminary Notice is a written notice from a claimant, printed under the heading California Preliminary Notice, that is given before a mechanic's lien is recorded, before a stop notice is filed, or before a claim is asserted against a payment bond for public or private work.
The form cites California Civil Code section 8100 et seq., 8200 et seq. and 9300 et seq., and states that it is for use on private or public works. It carries the printed statement "This is not a lien": it warns the property owner of legal rights rather than placing a charge on the property.
The notice has two parts. The first is a Notice to Property Owner, which explains that, even if the owner has paid the contractor in full, a lien may be placed on the property if the person or firm giving the notice is not paid in full, and that foreclosure of the lien may lead to loss of all or part of the property. It suggests the owner require a signed release from the claimant before paying the contractor, or use another appropriate method. The second part is the notice itself: it identifies the claimant, the labor, service, equipment or material furnished, the site, the person for whom the work is provided, the people served and the estimated price.
The Los Angeles County RR/CC publishes the form as a sample prepared according to legislation. The office states that it does not provide legal advice and cannot help prepare legal documents, so the sample should be reviewed with a legal advisor before use.
On the RR/CC's list of document types, a mechanic's lien is the statutory lien in favor of laborers and material suppliers who worked on or supplied a work of improvement and were not paid. This notice comes before that lien, not in place of it.
Who needs to file 20 Day Preliminary Notice?
The main group is the claimant: a person or firm that has furnished or will furnish labor, service, equipment or material to a work of improvement and may later record a mechanic's lien, file a stop notice or claim against a payment bond. The form asks the claimant to state its relationship to the parties, with examples such as Direct Contractor, Subcontractor or Supplier. It applies to private and public works.
The notice is served on the people the form lists:
- the Owner or Reputed Owner;
- the Direct Contractor or Reputed Direct Contractor;
- the Construction Lender or Reputed Construction Lender.
The form states that the law requires the notice to be served by the undersigned as a statement of the owner's legal rights, and that it is not meant to reflect on the financial condition of the contractor.
For recipients, the form adds one rule. An owner who records a notice of cessation or completion must, within 10 days after recording, send a copy to the contractor and to the person or firm that gave the notice, by registered or certified mail. A residential homeowner of a dwelling with four or fewer units is not required to send it.
The form is not a lien. The RR/CC does not give legal advice, so ask a legal advisor whether you are the right party to use it.
When to file 20 Day Preliminary Notice
Give the notice before you record a mechanic's lien, file a stop notice or assert a claim against a payment bond for public or private work. The RR/CC describes the notice as the written step that comes prior to each of those actions.
The form prints no deadline of its own. It cites California Civil Code section 8100 et seq., 8200 et seq. and 9300 et seq., so check those provisions, or ask a legal advisor, for the timing that applies to your project before you serve it.
The notice covers labor, service, equipment or material that you have furnished or will furnish, so it can describe work that is still to come.
One timing rule is printed for owners who receive the notice. If an owner records a notice of cessation or completion, a copy must go to the contractor and to the person or firm that gave the notice within 10 days after recording. Failure to send it extends the deadline to record a claim of lien. Residential homeowners of a dwelling with four or fewer units are not required to send it.
How to fill out 20 Day Preliminary Notice
Enter the claimant's name and address
After "Please take notice that Claimant," write the claimant's name and address on the lines marked (name) and (address).
State your relationship to the parties
On the relationship line, enter how the claimant relates to the parties, such as Direct Contractor, Subcontractor or Supplier, as the form's example shows.
Describe the labor or materials furnished
Under "has furnished or will furnish the following labor, service, equipment or material," describe what the claimant has provided or will provide.
Identify the work site
Under "to the work of improvement located at," give a description of the site sufficient for identification, including the street address if there is one.
Name the person the work is for
Under "The person or business to or for whom the work is provided is," write that person's or business's name and address.
Enter the owner's details
In the block headed Owner or Reputed Owner, write the (name) and (address) of the owner.
Enter contractor and lender details
Complete the name and address under Direct Contractor or Reputed Direct Contractor and under Construction Lender or Reputed Construction Lender.
Enter the estimated price
On the last line, write the estimated price of labor, services, equipment or materials to be provided, after the dollar sign.
Review and download the completed PDF
Check every name and address, and review the sample with a legal advisor as the RR/CC recommends. Then download or print the completed PDF from FillingPDF and serve it as described under How to submit.
How to submit 20 Day Preliminary Notice
The form is served on the persons it names rather than filed with the RR/CC: the Owner or Reputed Owner, the Direct Contractor or Reputed Direct Contractor, and the Construction Lender or Reputed Construction Lender, each at the address you enter for them.
- Persons served: write the name and address of each recipient in the section headed "This preliminary notice is being served on the following persons and businesses at the indicated addresses."
- Method of delivery: the form does not set a delivery method for the notice itself. Confirm the method required for your project in the Civil Code sections it cites, or with a legal advisor.
- Recording: the RR/CC publishes the form among its property document recording samples and tells readers to consult a legal advisor before submitting for recording. It does not provide legal advice and cannot assist in preparing legal documents.
- Owner's follow-up: an owner who records a notice of cessation or completion must send a copy by registered or certified mail within 10 days after recording, unless the owner is a residential homeowner of a dwelling with four or fewer units.
The form names no fee or processing time. FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Treating the notice as a lien: the form states "This is not a lien"; it comes before a mechanic's lien, stop notice or payment bond claim.
- Describing the site too vaguely: the form asks for a description sufficient for identification, including the street address of the site, if any.
- Leaving out the claimant's relationship to the parties, which the form asks for (for example Direct Contractor, Subcontractor or Supplier).
- Listing only some of the people to be served: the form provides entries for the Owner or Reputed Owner, the Direct Contractor or Reputed Direct Contractor and the Construction Lender or Reputed Construction Lender.
- Entering the owner's or contractor's name without an address; each served party has both a name line and an address line.
- Skipping the estimated price of labor, services, equipment or materials at the end of the form.
- Using the RR/CC sample without review: the office says the forms are samples and recommends consulting a legal advisor before submitting for recording.
- Sending the notice of completion copy by ordinary mail or after 10 days: an owner who records one must use registered or certified mail within 10 days, unless a residential homeowner of four or fewer units.
Frequently asked questions
What is a 20 Day Preliminary Notice?
It is a written notice from a claimant, headed California Preliminary Notice, given before recording a mechanic's lien, filing a stop notice or asserting a claim against a payment bond for public or private work. The Los Angeles County RR/CC publishes it as a sample form.
Is a preliminary notice the same as a lien?
No. The form states "This is not a lien." It warns the owner that a lien may be placed on the property if the claimant is not paid in full, but the lien itself is a separate step, recorded later under the mechanic's lien law.
Who has to receive the preliminary notice?
The form has entries for the Owner or Reputed Owner, the Direct Contractor or Reputed Direct Contractor and the Construction Lender or Reputed Construction Lender, each with a name and address. Confirm with a legal advisor which of them must be served on your project.
Can a lien be placed if the owner already paid the contractor in full?
Yes, according to the notice itself. It says that even if you have paid your contractor in full, a lien may be placed on your property if the person or firm giving the notice is not paid in full for labor, service, equipment or material.
Does a homeowner have to send a copy of the notice of completion?
An owner who records a notice of cessation or completion must send a copy within 10 days to the contractor and the claimant by registered or certified mail. The form says a residential homeowner of a dwelling with four or fewer units is not required to.
Does the LA County Registrar-Recorder help prepare this notice?
No. The RR/CC states it does not provide legal advice and cannot assist the public in preparing legal documents. Its forms are samples prepared according to legislation, and it asks you to consult a legal advisor before submitting for recording.
Can I fill out the 20 Day Preliminary Notice online?
You can fill out the PDF online on FillingPDF and download or print it. FillingPDF is an independent service, not connected to the RR/CC, and it does not serve, record or file the notice; you do that through the channels the law requires.
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