CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC WORKS …

1 CALIFORNIA PRELIMINARY 20-DAY NOTICE (PUBLIC WORKS OF IMPROVEMENT)THIS IS NOT A LIEN. THIS NOTICE IS GIVEN PURSUANT TO CIVIL CODE SECTION _____YOU ARE HEREBY NOTIFIED THAT THE UNDERSIGNED HAS FURNISHED OR WILL FURNISH LABOR, SERVICES, EQUIPMENTOR MATERIAL OF THE FOLLOWING DESCRIPTION:PERSON furnishing LABOR, SERVICES EQUIPMENT OR MATERIALDESCRIPTION OF LABOR, SERVICES, EQUIPMENT OR MATERIAL SUPPLIED, ORTO BE SUPPLIED(NAME)(ADDRESS)(CITY)(STATE)(ZIP )TO: OWNER OR REPUTED OWNERTHE NAME AND ADDRESS OF PERSON CONTRACTING FOR THE ABOVE (YOURCUSTOMER) IS:TO: PRIME, REPUTED, OR ORIGINAL CONTRACTORJOBSITE (STREET AND LEGAL DESCRIPTION (IF KNOWN)):TO: CONSTRUCTION LENDER OR REPUTED CONSTRUCTION LENDERAN ESTIMATE OF THE TOTAL PRICE OF THE LABOR, SERVICES, EQUIPMENT ORMATERIALS FURNISHED OR TO BE FURNISHED IS: $_____TRUST FUNDSTO WHICH SUPPLEMENTAL FRINGE BENEFITS ARE PAYABLE(NAME AND ADDRESS)(ONLY SUBCONTRACTORS ARE REQUIRED TO IDENTIFY THE TRUST FUND)(Signature)(Date)(Name of Person Signing)(Title)PROOF OF SERVICE AFFIDAVIT(CIVIL CODE )I, _____, declare that I served copies of the above PRELIMINARY NOTICE (check appropriate box).

2 (a) [ ] By personally delivering copies to _____ (name and title of person served) at _____ (Address) on _____ (date), at _____(time).(b) [ ] By First Class Certified or Registered Mail service, postage prepaid, addressed to each of the parties at the address shown above on_____, declare under penalty of perjury under the laws of the state of CALIFORNIA that the foregoing is true and at_____, CALIFORNIA , on _____, _____.[ATTACH RECEIPTS OF CERTIFIED OR REGISTERED MAIL WHEN RETURNED]SIGNATURE OF PERSON MAKING SERVICEForm/Prelim 20 Day/ for Completion and Service of thePreliminary 20-DAY NOTICE Public WorksBecause of recent Legislation, we are recommending that Contractors serve a differentPreliminary 20-DAY NOTICE for Public WORKS than for Private form is for Public WORKS only. In the event that you have any doubt as to whether yourproject is a Public WORKS or Private WORKS project, particularly if you are doing work where publicfunds are involved (as an example HUD projects), you may want to use both also important that your estimate of the total price of the labor, services, equipment ormaterials to be furnished is an accurate estimate, either based upon purchase orders from yourcontractor, or based upon your experience dealing with the particular type of project and yourrelationship with your customer.

3 You should not merely guess just to fill in a of the PRELIMINARY NOTICE is most important. Failure to serve a PRELIMINARY Noticewithin 20 days after you first furnish labor, services, equipment or supplies on a Public Work mayprevent the government entity from withholding funds from the Notices are generally served in one of two ways. The first is by personal serviceand the second is by First Class Mail, Certified, or Registered Mail with a return receipt. Whether youchoose the first method or the second method, a Proof of Service Affidavit must be filled out by allpersons and/or entities who serve the PRELIMINARY NOTICE . The Proof of Service Affidavit is found onthe bottom of the PRELIMINARY personally serve the PRELIMINARY NOTICE for Public WORKS , hand the PRELIMINARY NOTICE tothe contracting officer of the public agency, and the prime contractor, or reputed or original 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.

4 The law provides that you must mail in thismanner. The law does not provide that the mailing must be accepted by the recipient. Therefore, ifthe certified or registered mail envelope is refused, you should take the return envelope and put it inyour job file and keep it there sealed. Service is complete at the time of the deposit of the registered orcertified mail. If you choose to serve by mail, you must serve every person and/or entity referred to inthe PRELIMINARY NOTICE and then attach the receipts of the Certified or Registered Mail to your copy ofthe PRELIMINARY NOTICE when the case ofa Public Work, the prime, or reputed or original contractor with whom youcontracted, may be served at his/her office, home or place where he/she conducts business. Thecontracting officer can be served at the address of the serve a PRELIMINARY NOTICE for a work constructed by the Department of Public WORKS orthe Department of General Services of the State, either personally deliver or mail in the same manneras above, the PRELIMINARY NOTICE to the disbursing officer of the department in charge of the there is a bond on the project, you should also serve this NOTICE on the bondingcompany in lieu of serving a separate bond SHOULD SERVEYOUR TWENTY (20) DAY PRELIMINARYNOTICE WITHIN 20 DAYS OF WHEN YOU FIRST PROVIDE LABOR OR SUPPLYMATERIALS TO THE JOBSITE.

5 SERVING THE NOTICE AFTER THIS TIME WILLRESULT IN YOUR LIEN OR STOP NOTICE RIGHTS TO APPLY ONLY TO THEPERIOD OF TIME STARTING 20 DAYS PRIOR TO THE TIME YOU SERVED THEPRELIMINARY 20-DAY NOTICE .