What are the Basis Procedures to prevail on A Mechanic’s Lien?
i. The Preliminary Notice A Preliminary notice is the mandatory prerequisite to a Mechanic’s Lien or a Stop Notice (see Stop Notice below) and its purpose is to protect property owners from sudden recordation of a Mechanic’s liens without prior notice. Generally speaking, all claimants, except the general contractor must give this notice or forfeit their lien rights. Moreover, when the contract price exceeds $400.00, the failure to provide notice is in itself grounds for disciplinary action by the Registrar of Contractors (Civ. Code § 3097 (h)). Comment: Often a general contractor/project owner will try and convince a subcontractor that there is no need for a preliminary notice. The simplest recourse is to state that it is a requirement of the Registrar of Contractors (Civ. Code § 3097 (h) and provide a copy. The notice must be given not later than 20 days after the claimant has first provided the labor, services, equipment and/or materials to the project. It should be noted that a fai
