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Why Did You Received a Preliminary Notice?

For questions beyond what is covered below, please contact the RCP Block & Brick Credit Department

What is the California Preliminary Notice?

The California preliminary 20-day notice is sometimes referred to as the preliminary notice, the pre-lien, the pre-lim, or the 20 day notice. The purpose of the notice is to alert the property owner, the prime contractor, the construction lender and the bonding company of the existence of subcontractors and material suppliers, and that these contractors and suppliers have lien rights. This process is pursuant to California Civil Code 3097, 3098, 3011, 3059.5. In summary it is a merely a notice that RCP Block & Brick Inc. has provided material to improve your property and could file a lien if we are not paid.

Does this mean that there is a lien on my property?

NO. This is NOT a lien. This notice is only to inform you that, by law, we do have the right to lien the property if your contractor does not pay RCP Block & Brick Inc.

Does this mean that my contractor has not paid his bill?

NO. The preliminary notice is sent to all property owners by law as explained above. This is a standard practice and is not a reflection on the Contractor's integrity and in NO WAY reflects the credit worthiness of the Contractor.

Why is it sent certified mail?

Again, State law requires that the notice be sent certified mail. Note: The notice is sent from BICA (Building Industry Credit Assoc.) the company that RCP has contracted to mail the notices. Also State law requires an ESTIMATE of the total price of the material furnished or to be furnished to complete the job. Typically this may be as much as 3 times the amount of the first delivery of the material. This would be to cover any extras or additions to the project. Remember this is an improvement to the property so that any claim RCP would ever file would be for the cost of material that was actually put in for the improvement.

I have already paid my contractor and the job is completed, why was this sent?

Once the work of improvement has begun, State law allows 20 days to process the preliminary notice. Occasionally acquiring the information we need to prepare the Pre-lim Notice takes longer than expected. Also due to our regular billing cycle, there can be a delay between the time you pay the contractor and they, in turn, pay RCP. Due to this time frame the contractor payment may have crossed in the mail. If you are concerned as to whether your contractor made a payment, you can request a lien release from your contractor.

What can I do to make sure the contractor pays RCP Block & Brick?

Upon payment, you can request that your contractor provide a release from RCP. They can then request a release from us to provide to you. By law we cannot divulge any payment information on our customers accounts. You must begin with your contractor.

Questions? We Can Help.

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