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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

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Attorney answers 4


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, answers on Avvo are general responses to hypothetical scenarios presented by questioner.


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.


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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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 intensive. This Avvo answer is not legal advice and should not be relied upon without further consultation with a qualified construction lawyer.

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