Preliminary Notice Requirements by State

A preliminary notice (also called a pre-lien notice, notice to owner, or notice of furnishing) is a document that informs the property owner and other parties that you are providing labor or materials to a construction project.

Preliminary notices serve a critical purpose in the mechanics lien process: they ensure that property owners know who is working on their project and who might file a lien if they aren't paid. Without this notice, owners may not know that subcontractors and suppliers are involved — and may not realize that non-payment could result in liens against their property.

Why Preliminary Notices Matter

Even in states where preliminary notices are optional, sending one is considered best practice because it:

• Preserves your lien rights — in states that require it, failure to send a timely notice means you cannot file a valid lien, regardless of how much you're owed
• Puts all parties on notice of your involvement in the project
• Can accelerate payment by making property owners aware of who is owed money — owners often push general contractors to pay their subs and suppliers once they realize liens are possible
• Creates a paper trail that strengthens your position if you do need to file a lien

States That Require Preliminary Notice

The following states require some form of preliminary notice for at least some parties (typically subcontractors and suppliers who don't have a direct contract with the property owner):

State	Notice Name	Deadline	Who Must Send
Arizona	Preliminary 20-Day Notice	20 days from first furnishing	Subcontractors, suppliers
California	Preliminary Notice	20 days from first furnishing	Subcontractors, suppliers, laborers
Colorado	Notice of Intent to File Lien Statement	10 days before filing lien	All claimants
Florida	Notice to Owner	45 days from first furnishing	Subcontractors, suppliers
Idaho	Preliminary Notice	Within 20 days of first furnishing	All claimants (for private works exceeding threshold)
Illinois	Notice of Lien Rights	60 days from first furnishing	Subcontractors
Louisiana	Notice of Non-Payment	Within 75 days of substantial completion	Subcontractors, suppliers
Michigan	Notice of Furnishing	20 days from first furnishing	Subcontractors, suppliers
Mississippi	Stop Notice	10 days before filing lien	All claimants without direct owner contract
Montana	Preliminary Notice	20 days from first furnishing	Subcontractors, suppliers
Nevada	Preliminary Notice	31 days from first furnishing	All claimants
Oregon	Notice of Right to a Lien	8 days from first furnishing	All claimants
Tennessee	Notice of Non-Payment	90 days from date of last labor or materials	Subcontractors, suppliers
Texas	Monthly Notices	15th of 2nd month after work performed	Subcontractors, suppliers
Washington	Pre-Claim Notice	60 days from first furnishing	Subcontractors, suppliers

Note: This table covers common requirements but is not exhaustive. Some states have additional notice requirements for specific project types (residential vs. commercial) or dollar thresholds. Always verify current requirements for your state.

What to Include in a Preliminary Notice

While the specific required content varies by state, most preliminary notices must include:

• Your name and address — the claimant's legal name and business address
• A description of the labor or materials being provided to the project
• The property description — address and/or legal description of the project property
• The name of the party who hired you — the general contractor, subcontractor, or other party you have a contract with
• An estimate of the total price of the labor or materials (required in some states)

Many states provide statutory forms or specify exact language that must be included. Using your state's prescribed form (when one exists) is the safest approach.

How to Deliver a Preliminary Notice

Most states specify acceptable delivery methods for preliminary notices. Common options include:

• Certified mail with return receipt requested — the most common and safest method; provides proof of delivery
• Personal delivery — hand-delivering the notice; may require a signed acknowledgment
• Registered mail — similar to certified mail but with additional tracking
• Overnight delivery service — accepted in some states as equivalent to certified mail

Always keep proof of delivery. If your lien is challenged, you'll need to demonstrate that the preliminary notice was sent on time and received by the required parties.

What Happens If You Don't Send a Preliminary Notice?

In states where preliminary notice is required:

• You lose your mechanics lien rights entirely. It doesn't matter how much you're owed or how clearly the other party failed to pay — without the notice, you cannot file a valid lien.
• You may still have other remedies (breach of contract lawsuit, demand letter, collection action), but you've lost your strongest tool.

In states where preliminary notice is optional:

• You retain your lien rights, but you've missed an opportunity to put pressure on the property owner early and create a strong documentation trail.

Preliminary Notice Best Practices

1. Send it immediately — don't wait until there's a payment problem. Send the notice within the first few days of starting work, well before any deadline.
2. Send it on every project — even in states where it's optional. It costs little and provides significant protection.
3. Use certified mail — it provides the strongest proof of delivery. Keep the green receipt card.
4. Send it to all required parties — typically the property owner, general contractor, and sometimes the construction lender.
5. Track your notices — maintain a log of every notice sent, including the date, recipient, delivery method, and tracking number.
6. Use the state-prescribed form when one exists — deviating from the statutory form can create challenges.

Preliminary Notice vs. Notice of Intent to Lien

Don't confuse a preliminary notice with a notice of intent to lien:

	Preliminary Notice	Notice of Intent to Lien
When sent	At the beginning of the project (first 20–30 days)	After non-payment occurs, before filing the lien
Purpose	Preserves lien rights; notifies parties of your involvement	Warns that you intend to file a lien if not paid
Required?	Required in many states for subs and suppliers	Required in a few states; optional but recommended elsewhere
Tone	Informational — not adversarial	Demand — explicitly threatens lien action