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

Asked almost 2 years ago - Ridgecrest, CA

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

Attorney answers (4)

  1. Scott G Wolfe JR

    Contributor Level 12


    Lawyers agree

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

    My Mechanics Lien Filing Service at Our number is 866-720-5436. Avvo's terms and conditions apply,... more
  2. Wahid Ezzat Guirguis

    Contributor Level 9


    Lawyers agree

    Answered . 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.

  3. Douglas Patrick Flaherty

    Contributor Level 5


    Lawyers agree

    Answered . 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.

    Construction projects and the legal rights and remedies that flow from them are legally technical and factually... more
  4. Mark Allison Cobb

    Contributor Level 7


    Lawyers agree

    Answered . 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!

    Please note that any information provided herein is for general, informational purposes only; you are encouraged... more

Related Topics


A lien gives a creditor certain rights to a debtor's property in order to ensure payment of a debt. Liens can be either voluntary or involuntary.

Howard Robert Roitman

Medicare Liens

Federal law generally prohibits Medicare from paying for any item or service where payment can reasonably be expected from another "primary" source within 120 days.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

23,933 answers this week

2,879 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

23,933 answers this week

2,879 attorneys answering