A preliminary notice is a short document you send at the start of a job, and in most states it is the price of admission for filing a mechanic's lien later. It does not create a lien. It does not mean there is a dispute. It is simply the ticket that lets you file a lien if you end up not being paid. Around 40 states require subs and suppliers to send one to protect their lien rights, and skipping it is the single most common way contractors quietly lose the strongest tool they have, before there is even a problem. The rule in construction finance is dead simple: send one on every job, at the start, whether or not your state strictly demands it.
The catch is that it goes by a different name and a different deadline in every state, and the deadline is short. So the concept is what matters here. Get your exact name and window from the Mechanic's Lien Deadline tool.
What it actually is
A preliminary notice is a heads-up sent near the start of the work to the people who matter on the job, typically the property owner, the general contractor, and the construction lender if there is one. It tells them you are on the project and furnishing labor or materials. That is it. It is not a threat, it is not a bill, and it is not a lien. On most jobs the owner files it away and you never think about it again.
You will see it called by many names depending on the state:
- Notice to Owner
- 20-Day Preliminary Notice
- Notice of Furnishing
- Notice of Right to Lien
- Pre-lien Notice
Different labels, same job: it preserves your right to file a lien if you are not paid.
Why it matters so much
Here is the part that catches people out. In most states, if you did not send the preliminary notice, you cannot file the lien, no matter how good your work was or how much you are owed. The right to lien is conditional on the notice, and the notice has to go out early, usually within a short window of your first day on the job. By the time a payment goes bad, months later, that window is long closed. You cannot go back and send it after the fact.
So the notice is not paperwork for a dispute. It is insurance you buy at the start of every job, before you know whether you will need it. The contractors who send it on every job keep their leverage. The ones who "only send it if there's trouble" find out too late that the trouble already cost them the lien.
Who has to send one
It runs mostly down the chain:
- General contractors dealing directly with the owner usually do not need to send one, because the owner already knows they are there. Some states are exceptions, especially when a lender is involved.
- Subcontractors and suppliers are the ones who almost always need it, because the owner may not even know your company exists on the job.
- Sub-subs and lower tiers face the strictest notice rules of anyone.
If you are not sure which bucket you fall in on a given job, send it anyway. There is no penalty for sending a notice you did not strictly need, and there is a huge one for skipping a notice you did.
Send it right, and keep the proof
- Send it early. Send it at the very start of the job, not when you feel like it. The clock usually runs from your first day of furnishing labor or materials.
- Send it to everyone who matters. Owner, GC, and lender where your state requires it. When in doubt, include all three.
- Send it in a way you can prove. Certified mail with a return receipt, or whatever your state specifies. Keep the receipt and a copy in the job folder. The proof is worth as much as the notice.
- A late notice is not always worthless, but it is worth less. In many states, sending it late still protects the work you did in the short window just before you sent it, but everything furnished before that is permanently lost. Early notice always covers more.
Common questions
Do I have to send a preliminary notice on every job?
Yes, that is the rule of thumb in construction finance, even in states where it is not strictly mandatory. There is no penalty for sending one you did not need, and a large penalty, losing your lien rights, for skipping one you did. Sending it on every job at the start means your lien is always alive if a payment goes bad. Your state's exact deadline is in the Mechanic's Lien Deadline tool.
Does a preliminary notice mean I'm putting a lien on the job?
No. A preliminary notice is not a lien and does not create one. It is a routine heads-up sent at the start of most jobs that simply preserves your right to file a lien later if you are not paid. On most projects the owner files it away and nothing else ever happens. It carries no threat and no dispute, so there is no reason to feel awkward sending it.
What happens if I forget to send the preliminary notice?
In most states you lose the right to file a mechanic's lien on that job, even though the work was done and you are owed the money. The right to lien is conditional on sending the notice early, and you cannot send it after the fact. You would be left with a breach-of-contract claim instead, which is weaker. Whether your state forfeits or just reduces your rights is state-specific, so see Working in Your State.
Who do I send the preliminary notice to?
Usually the property owner, the general contractor, and the construction lender if there is one. Subcontractors and suppliers almost always need to send it, because the owner may not know your company is on the job. General contractors dealing directly with the owner often do not, though some states differ. When in doubt, send it to all three. The exact requirement is in Working in Your State.
How long do I have to send a preliminary notice?
Not long, and the window is different in every state, so treat it as a start-of-job task. The clock usually runs from your first day furnishing labor or materials, and some states give as little as a week or two. A late notice often protects only your most recent work. Get your exact deadline and the notice's correct name from the Mechanic's Lien Deadline tool.
The honest bit
- The name of this notice, who must send it, and how many days you get are all set state by state, and they are short. This guide teaches the concept on purpose. Get your exact deadline from the Mechanic's Lien Deadline tool and confirm it before you rely on it.
- This is general guidance, not legal advice. Because a missed notice can quietly kill your lien rights on a big job, build it into your start-of-job routine, and for a large project talk to a construction attorney about your state's rules.
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