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Do you need a Preliminary notice for a Project located on a Military Installation, We are a Subcontractor to a Prime Contractor.

Ridgecrest, CA |

If you do is it a separate notice other than a Preliminary Notice for Private Works

Attorney Answers 4

Posted

No. These are federal projects under the Miller Act, which does not have a preliminary notice requirement.

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Posted

Preliminary notice requirements are for California State Projects. Military projects are Federal Projects subject to the Miller Act which is different. Under Miller Act, those who do not have a direct relationship with the prime, i.e. generally second tier subs and material suppliers, have to file 90 day notices.

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Posted

I agree with my colleques; the Milller Act does not require Notices to Owners/Contractors. In the event that payment is not received, it is vital that a claimant make a timely payment bond claim. Good luck!

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Posted

Failure to provide a Preliminary Notice on your federal military project will not prevent you from accessing your remedies in the event of non-payment. However your office staff should be in the habit of sending out a preliminary notice for every job you perform. If your contract is for more than $400, failure to give a Preliminary Notice is a violation of the Contractors' State License Law and constitutes grounds for discipline before the CSLB. A CLSB enforcement action on the grounds of failure to send a Prelim is unlikely, but the law requires it and it is your best interest to always send a Prelim for every job.

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