CALIFORNIA 20-DAY PRELIMINARY NOTICE

(Private Works of Improvement)
[// GUIDANCE: This template is drafted to comply with the California mechanics-lien statutory scheme for private projects. It purposely tracks the structure requested in your “Required Document Architecture,” while still reflecting the reality that a Preliminary Notice is a unilateral statutory notice—not a negotiated contract. Delete any sections that are unnecessary for a particular project and confirm all bracketed material before use.]

I. DOCUMENT HEADER

1. Title: California 20-Day Preliminary Notice (“Notice”).
2. Claimant: [CLAIMANT LEGAL NAME], a [TYPE OF ENTITY, e.g., California corporation], CSLB Lic. No. [__] (“Claimant”).
3. Direct Contractor (if Claimant is not the direct contractor): [DIRECT CONTRACTOR NAME], CSLB Lic. No. [__] (“Direct Contractor”).
4. Owner or Reputed Owner: [OWNER NAME] (“Owner”).
5. Construction Lender (if any): [NAME AND ADDRESS OF LENDER] (“Lender”).
6. Project: The work of improvement commonly known as “[PROJECT NAME]” located at [PROJECT STREET ADDRESS, CITY, CA ZIP] and legally described as [LEGAL DESCRIPTION OR “See Exhibit A”] (“Project”).
7. Effective Date: [DATE CLAIMANT FIRST FURNISHED LABOR OR MATERIAL (“First Furnishing Date”)].
8. Governing Law: California state lien law; venue in the California state court of the county where the Project is situated.

II. DEFINITIONS

For purposes of this Notice, capitalized terms have the meanings set forth below. Terms used but not defined have the meanings given in the California Civil Code, Division 4, Part 6 (“Lien Law”).

“Claimant” – The person or entity giving this Notice and asserting potential lien rights.
“Completion” – As defined in Cal. Civ. Code § 8180 (date of actual completion, cessation, or certain time lapse).
“First Furnishing Date” – The date Claimant first supplied labor, service, equipment, or material to the Project.
“Notice” – This California 20-Day Preliminary Notice.
“Service Date” – The date this Notice is deposited for delivery by a method authorized under the Lien Law.

III. OPERATIVE PROVISIONS

3.1 Statutory Notice Statement
• Claimant hereby gives Owner, Direct Contractor, and Lender the Preliminary Notice required by California law as a prerequisite to enforcing a mechanics lien, stop notice, or payment bond claim.
• Claimant incorporates by reference, and will conspicuously set forth in its final executed Notice, the exact “NOTICE TO PROPERTY OWNER” language mandated by Cal. Civ. Code § 8202(b).
[// GUIDANCE: Insert the statutory block verbatim in 12-point boldface type. Do not paraphrase.]

3.2 General Description of the Work
✔ [BRIEF DESCRIPTION OF LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED].

3.3 Estimated Value of Work Furnished to Date
$ [__].

3.4 Total Contract or Purchase Order Price (if fixed)
$ [__] (subject to additions and deductions under the contract).

3.5 Timing Compliance
This Notice is served within 20 days after the First Furnishing Date, or if later, Claimant acknowledges that lien rights will be limited to labor, service, equipment, or material furnished within the 20 days preceding the Service Date and thereafter.

3.6 Method of Service
Claimant will serve this Notice by one or more of the following statutorily-approved methods:
a. Registered mail;
b. Certified mail;
c. Express mail; or
d. Personal delivery.

IV. REPRESENTATIONS & WARRANTIES

4.1 Authorization
Claimant represents that it is duly licensed (if required) and authorized to perform the Work.

4.2 Good-Faith Estimate
Amounts stated herein are Claimant’s good-faith estimates based on information available as of the Service Date.

4.3 Compliance
Claimant warrants that it will comply with all further statutory steps (including a timely claim of lien, stop notice, or bond action) if required to enforce its rights.

4.4 Survival
These representations survive service of this Notice.

V. COVENANTS & RESTRICTIONS

5.1 Cooperation
Owner and Direct Contractor covenant to cooperate in obtaining and providing conditional and unconditional lien releases as payments are made.

5.2 Notice of Completion/Cessation
If Owner records a Notice of Completion or Notice of Cessation, Owner covenants to serve a copy within 10 days of recording upon Claimant by registered or certified mail, consistent with Cal. Civ. Code §§ 8182–8184.

5.3 Change in Parties
If Claimant’s contractual counterparty changes, Claimant shall promptly serve a supplemental notice identifying the new party.

VI. DEFAULT & REMEDIES

6.1 Event of Default
Failure of any party to make payment when due constitutes an Event of Default.

6.2 Graduated Remedies
(a) Written demand for payment;
(b) Suspension of performance;
(c) Filing and recording of a mechanics lien, stop notice, or bond claim;
(d) Lien foreclosure action, including application for injunctive or declaratory relief.

6.3 Costs and Fees
In any action to enforce lien rights, the prevailing party shall recover its reasonable attorneys’ fees and costs to the fullest extent permitted by law.

VII. RISK ALLOCATION

7.1 Limitation of Liability
Claimant’s aggregate liability for direct damages arising from or related to the Work shall not exceed the actual value of Work performed as of the date the cause of action accrues.

7.2 No Indemnification
Consistent with the metadata “Indemnification: not_applicable,” no additional indemnity obligation is created by this Notice.

7.3 Force Majeure
Delays caused by acts of God, governmental orders, labor disputes, pandemics, or other causes beyond Claimant’s reasonable control shall extend all performance deadlines on a day-for-day basis.

VIII. DISPUTE RESOLUTION

8.1 Governing Law
All disputes arising out of or related to this Notice or the underlying Work shall be governed exclusively by California law.

8.2 Forum Selection
Exclusive venue lies in the Superior Court of the California county in which the Project is located.

8.3 Arbitration / Jury Waiver
Not applicable. Nothing herein shall be construed to waive any statutory right to jury trial.

8.4 Injunctive Relief
Claimant reserves all rights to seek provisional remedies, including preliminary injunctions, to perfect and enforce its mechanics lien and related claims.

IX. GENERAL PROVISIONS

9.1 Amendments
This Notice may be supplemented or amended only in a writing signed by Claimant and served in the same manner as the original Notice.

9.2 Assignment
Claimant may assign its rights under any recorded lien or stop notice in conformity with California law.

9.3 Severability
If any provision of this Notice is determined unenforceable, the remaining provisions shall remain in full force and effect.

9.4 Entire Notice
This instrument constitutes the entire preliminary notice given by Claimant with respect to the Work described herein.

9.5 Electronic Signatures
Facsimile, PDF, and verified electronic signatures shall be deemed originals for all purposes.

X. EXECUTION BLOCK

Executed on [EXECUTION DATE] at [CITY], California.

[NAME AND TITLE OF AUTHORIZED SIGNATORY]
for Claimant: [CLAIMANT LEGAL NAME]

EXHIBIT A

Legal Description of Project Site
[INSERT OR ATTACH]

PROOF OF SERVICE DECLARATION

[// GUIDANCE: California law requires a proof of service. Use the following form or a substantially similar one.]

I, [NAME OF PERSON SERVING NOTICE], declare:

1. I am over the age of 18 and not a party to the above-referenced project.
2. On [SERVICE DATE], I served the attached California 20-Day Preliminary Notice by [METHOD, e.g., certified mail, return-receipt requested] addressed to the parties listed below at the addresses set forth.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: __ Signature: ________

[// GUIDANCE:
1. Attach USPS receipts and, when received, the green cards or electronic delivery confirmations.
2. Retain the original Proof of Service and mailing documentation in your lien file.
3. Calendar 90 days from Completion to record a mechanics lien, adjusting if a valid Notice of Completion/Cessation is recorded sooner.
4. Always verify the statutory language in Cal. Civ. Code § 8202(b) prior to each use, as legislative amendments can alter exact wording requirements.]