Payments & Liens

Preliminary Notice

Also known as: Pre-Lien Notice, 20-Day Notice

A pre-lien notification required in most states for contractors and suppliers to preserve mechanics lien and bond claim rights.

A preliminary notice is a written notice that contractors and suppliers must send (typically within 20 days of first furnishing labor or materials) to preserve mechanics lien rights. The notice typically goes to the property owner, the GC, and the construction lender, depending on state law. Without a timely preliminary notice, lien rights are forfeit in most states regardless of the actual amount owed.

The form, content, and recipient list vary by state. California requires a 20-day Preliminary Notice on every project. Texas requires monthly notices to specific parties. Florida has a Notice to Owner requirement. Some states have no preliminary notice requirement but instead use notice of furnishing or notice of intent to lien at later stages. Lien-rights software services (Levelset/SiteMate) automate preliminary notice compliance across states. Missing this notice is one of the single biggest dollar mistakes a small subcontractor or supplier can make, since it forfeits the lien remedy entirely on the project.

Frequently asked questions

When must preliminary notice be sent?+

Typically within 20 days of first furnishing labor or materials, but rules vary by state. California is 20 days. Texas requires monthly notices on specific schedules. Florida has Notice to Owner. Always verify the state-specific deadline for the project location, since each state's rules are different and some are strict.

What happens if I miss preliminary notice?+

In most states the lien rights are forfeit. The contractor or supplier can still sue on the contract, but cannot file a mechanics lien against the property and cannot claim against a payment bond on public projects. The lien is the security; without preliminary notice, the security is gone.

Who must send preliminary notice?+

Generally everyone except the direct prime contractor in most states (the prime's lien rights flow from the contract itself). Subs, sub-subs, material suppliers, and equipment lessors all need to send. The exact rules vary by state and by relationship to the project; lien-rights software is the practical way to manage compliance.

Related terms