| Step |
California Procedure |
| Preliminary Notice (Private Jobs and California Public Works) |
Give notice to owner, general contractor, construction lender 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 as noted above, However, if you forget the 20 Day Notice, there is still the right to file a separate notice within 15 or 75 days (see next page). Suggest: Notice viacertified 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. |
| Lien Claim (by Claimant other than General Contractor |
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. |
| Lien Claim (by General Contractor |
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. |
| Federal Public Works Preliminary Notice |
Register mail to contractor within 90 days from last labor materials. |
| Notice to Surety on Private or Public Works |
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. (This is a new requirement) |
| Stop Notice on California Public Work |
Certified mail to public agency within 30 days after recordation of notice of completion (or acceptance or cessation). If no notice of completion or cessation, serve within 90 days after completion or cessation. CC 3184. |
| Complaint to Foreclose Lien |
File in proper court within 90 days after date or recordation of lien claim. |
| Complaint to Enforce Bonded Stop Notice (Private or Public Work) |
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. |
| Notice of Proceedings (on Stop Notice, Public Work) |
Serve within 5 days after filing action, on same persons and in same manner as provided for the stop notice. |
| Complaint on Payment Bond (California Public Work) |
File in proper court within 6 monthsafter the period within which stop notices must be filed after CC3184 (May be combined with action on stop notice, supra.) |
| Complaint on Payment Bond (Federal Work) |
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). |
