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Pre-Lien FAQ

Answers to Frequently Asked Questions regarding Pre-liens

1. What is the California Preliminary Notice?
When you receive the Preliminary 20-Day Notice, DON'T PANIC. The preliminary notice isn't a lien. It's merely a notice that a subcontractor or supplier (Weed Building Supply) has provided or will be providing goods or services to improve your property and we (Weed Building Supply) could file a lien if we are not paid.

2. Why is it sent?
California State Law requires us to send this notice as a way of informing the property owner of our right to collect, in the case that your contactor doesn't pay in full, for materials purchased from us for the work he did for you.

3. Does this mean that there is a lien on my property?
NO, this is not a lien. It is only to inform you that, by law, we do have the right to lien the property if your contractor doesn't pay Weed Building Supply.

4. Does this mean that my contractor hasn't paid his bill?
NO. The preliminary notice is sent to all property owners within 20 days of the job being opened at our store. It is a standard practice and in NO WAY reflects on the credit worthiness of your contractor.

5. Why is it sent certified mail? Do I have to pick it up from the post office?
Again, state law requires that we send it by certified mail. However, you are not required to pick it up from the post office. That is your choice.

6. I have already paid my contractor. Hasn't he paid you?
Due to our regular billing cycle, there can be a delay between the time you pay the contractor and he, in turn, pays us. If you are concerned about knowing when the contractor has made a payment, you can request a lien release from the contractor.

7. What can I do to make sure my contractor pays you?
Upon payment, you can request a lien release from your contractor. You must request this from your contractor, who can then request it from us.

8. The job is already completed. Why did you send this?
Occasionally the information we need to prepare the Preliminary Notice reaches us late. When this happens your job may already be completed. However, we are still required to notify you of your rights.

9. I don't own this property. Why did you send this to me?
We send the notice to the Owner of Record, as officially recorded with the county. Occasionally, due to incorrect or outdated information, an error can be made. We do our best to verify all information, but we apologize for any inconvenience if you are not the property owner. Simply call us and we will get a notice sent to the proper owner.

10. What can I do?
YOU DON'T HAVE TO DO ANYTHING. However, if you want to be sure that the job has been paid in full you can request a lien release from the contractor.

Still have questions regarding the California Preliminary Notice?
Please call the Business Office at 938-3404.

How can I be a smart property owner?
• Hire licensed and qualified contractors and subcontractors.
• Purchase a performance bond for your job (cost about 3% of total job)
• Request lien releases throughout and upon completion of your job.

For more information for you, the property owner,

see California State Labor Board or call 800-321-2752.


The California State Labor Board also has a free publication—What you should know before you hire a contractor—which can be downloaded from their website.

 

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