Romak Iron Works v. Prudential Insurance of America

Opinion

RATTIGAN, J.

This appeal involves provisions of the Civil Code which establish that a subcontractor on a private construction project who (1) gives a “preliminary 20-day notice” to a “construction lender” financing the project, and who (2) gives a “stop notice” to the lender thereafter, may (3) recover the subcontract price in an action brought against the lender to enforce the stop notice. This appeal is from a summary judgment dismissing such action on the ground that the plaintiff subcontractor had not given the defendant lender a preliminary 20-day notice in time to make it…