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California Procedure
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Preliminary Notice (Private Jobs and
California Public Works)
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Give notice to owner, general contractor and construction lender
(if any) no later than 20 days after claimant's first labor or
materials. On a California public work, notice is given to
contractor, public agency and surety bond company. A 20 Day
Notice is also required to make Payment Bond Claims. If you
forget the 20 Day Notice on a Payment Bond Claim, there is still
the right to file a separate notice within 15 or 75 days.
Suggestion: Send notice via certified mail, return receipt
requested. If the notice is recorded with the applicable county
recorder, the date of the notice of completion should be mailed
to you. Use a professional service such as Construction
Commando to process the 20 Day Notice.
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Lien Claim (by Claimant other than
General Contractor)
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File with County Recorder within 30 days after date of
recordation of notice of completion or cessation or within 90
days after completion (or 60 days cessation) whichever
period expires first.
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Lien Claim (by General Contractor)
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File with County Recorder within 60 days after date of
recordation of notice of completion or cessation or within 90
days after completion (or 60 days cessation) whichever
period expires first.
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Federal Public Works Preliminary
Notice
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Register mail to contractor within 90 days from last of providing
labor or materials.
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Notice to Surety on Private or Public
Works
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Claimant must serve by certified mail a Bond Claim on both
private and public works on the contractor and surety within 75
days after completion or 15 days if a Notice of Completion is
recorded.
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Stop Notice on California Public Work
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Certified mail to public agency within 30 days after recordation
of notice of completion (or acceptance or cessation of work). If
no notice of completion or cessation of work, serve within 90
days after completion or cessation. Civil Code § 3184.
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Complaint to Foreclose Lien
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File in proper court within 90 days after date or recordation of
lien claim.
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Complaint to Enforce Bonded Stop
Notice (Private or Public Work)
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File in proper court after 10 days from service of stop notice and
within 90 days from expiration of period within which stop notices
must be filed.
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Notice of Proceedings (on Stop Notice,
Public Work)
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Serve within 5 days after filing action, on same persons and in
same manner as provided for the stop notice.
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Complaint on Payment Bond
(California Public Work)
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File in proper court within 6 months after the period within which
stop notices must be filed after Civil Code § 3184. (May be
combined with action on stop notice, supra.)
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Complaint on Payment Bond (Federal
Work)
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File in proper court after 90 days from claimant's last labor or
materials and within 1 year therefrom. (This is for a Miller Act
claim).
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