Fillable Ca Preliminary 20 Day Notice (Page 2 of 2) in pdf

Instructions for Completion and Service of the

Preliminary 20-Day Notice – Public Works

Because of recent Legislation, we are recommending that Contractors serve a different

Preliminary 20-Day Notice for Public Works than for Private Works.

This form is for Public Works only. In the event that you have any doubt as to whether your

project is a Public Works or Private Works project, particularly if you are doing work where public

funds are involved (as an example HUD projects), you may want to use both forms.

It is also important that your estimate of the total price of the labor, services, equipment or

materials to be furnished is an accurate estimate, either based upon purchase orders from your

contractor, or based upon your experience dealing with the particular type of project and your

relationship with your customer. You should not merely guess just to fill in a number.

Service of the Preliminary Notice is most important. Failure to serve a Preliminary Notice

within 20 days after you first furnish labor, services, equipment or supplies on a Public Work may

prevent the government entity from withholding funds from the contractor.

Preliminary Notices are generally served in one of two ways. The first is by personal service

and the second is by First Class Mail, Certified, or Registered Mail with a return receipt. Whether you

choose the first method or the second method, a Proof of Service Affidavit must be filled out by all

persons and/or entities who serve the Preliminary Notice. The Proof of Service Affidavit is found on

the bottom of the Preliminary Notice.

To personally serve the Preliminary Notice for Public Works, hand the Preliminary Notice to

the contracting officer of the public agency, and the prime contractor, or reputed or original contractor.

Service by mail of a Preliminary Notice for a Public Work must be done by First Class Mail,

Certified, or Registered Mail with a return receipt. The law provides that you must mail in this

manner. The law does not provide that the mailing must be accepted by the recipient. Therefore, if

the certified or registered mail envelope is refused, you should take the return envelope and put it in

your job file and keep it there sealed. Service is complete at the time of the deposit of the registered or

certified mail. If you choose to serve by mail, you must serve every person and/or entity referred to in

the Preliminary Notice and then attach the receipts of the Certified or Registered Mail to your copy of

the Preliminary Notice when returned.

In the case of a Public Work, the prime, or reputed or original contractor with whom you

contracted, may be served at his/her office, home or place where he/she conducts business. The

contracting officer can be served at the address of the agency.

To serve a Preliminary Notice for a work constructed by the Department of Public Works or

the Department of General Services of the State, either personally deliver or mail in the same manner

as above, the Preliminary Notice to the disbursing officer of the department in charge of the project.

If there is a bond on the project, you should also serve this notice on the bonding

company in lieu of serving a separate bond notice.

REMEMBER YOU SHOULD SERVE YOUR TWENTY (20) DAY PRELIMINARY

NOTICE WITHIN 20 DAYS OF WHEN YOU FIRST PROVIDE LABOR OR SUPPLY

MATERIALS TO THE JOBSITE. SERVING THE NOTICE AFTER THIS TIME WILL

RESULT IN YOUR LIEN OR STOP NOTICE RIGHTS TO APPLY ONLY TO THE

PERIOD OF TIME STARTING 20 DAYS PRIOR TO THE TIME YOU SERVED THE

PRELIMINARY 20-DAY NOTICE.

Ca Preliminary 20 Day Notice Page 2