Ellis

Under the Mechanics’ Lien Law (Civ. Code, § 3082 et seq.) a claimant who has a direct contract with the owner is required, as a prerequisite to the validity of any claim of lien, to give a preliminary notice to the construction lender or reputed construction lender that a mechanic’s lien may be placed against the property. (Civ. Code, § 3097, subd. (b).) This preliminary notice must be given no later than 20 days after the claimant has first furnished labor, service, equipment or materials to the jobsite. (Civ. Code, § 3097, subd. (c).) If the lien claimant has no actual knowledge of the identity of the construction lender, he is nevertheless charged with constructive notice of the lender’s identity when it is revealed either by the recorded construction deed of trust or by the public building permit on file. (Romak Iron Works v. Prudential Ins. Co. (1980) 104 Cal.App.3d 767 [ 163 Cal.Rptr. 869 ].)

This case poses two issues concerning the claimant’s duty to serve a preliminary notice on a construction lender or reputed construction lender. The first question is whether the constructive notice imparted by those public records is imputed to a claimant only on the first…