FAQ: Which States Require Preliminary Notices?

Short Answer: Whether you must send a preliminary notice will depend on (1) your role in the construction project; and (2) where you are performing work.  Typically, those who do not contract with the property owner are the class of party who must send a preliminary notice. But it is only required if you are doing work in a “notice” state.  Below is a map of which states require preliminary notices and which do not.

Long Answer: Those in the construction or construction law business refer to states as either “notice states” or “non-notice states.” This label designates a state as either requiring subcontractors and suppliers to send preliminary notices, or not requiring any such notices. If you are required to file a notice, and do not, you may completely forfeit your lien rights.  Yikes!

Remember:  All Notices Are Not Created Equal: Prelim Notice v Notice of Intent to Lien.  Typically, notices can be divided into two categories: Preliminary Notices and Notices of Intent to Lien.  It’s important to recognize the differences between each and understand which notice your state requires.

To help you understand the notice requirements in your state, we’ve created this nationwide map of notice requirements.

FAQ: Which States Require Preliminary Notices?

FAQ: Which States Require Preliminary Notices? States colored red require delivery of preliminary notice to preserve your lien rights. When (and to whom) these notices should be delivered will vary from state-to-state. Examine each state’s individual laws for their specific notice requirements. Typically, they must be delivered immediately after work begins on a construction project.

 

FAQ: Which States Require Preliminary Notices?States colored blue require delivery of a “notice of intent to lien” prior to filing a mechanics lien. Typically, these notices need not be delivered when work begins, but only within a certain period before actually filing a mechanics lien. The timing requirements vary from state to state, and examination of each state’s individual laws is required to understand the applicable requirements.

 

FAQ: Which States Require Preliminary Notices?States colored green require both preliminary notices and notices of intent to lien to preserve and enforce your mechanics lien rights. Again, examination of each state’s individual lien laws is required to determine who is required to send notices, and how and when notices are required.

, , , ,

Scott Wolfe Jr

About Scott Wolfe Jr

Scott Wolfe Jr. is the CEO of zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance. He is also the founding author of The Lien and Credit Journal, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six states with extensive experience in corporate credit management and collections law, with a specific emphasis on utilizing mechanic liens, UCC filings and other security instruments to protect and manage receivables. You can connect with him via Twitter, LinkedIn and Google+.

Pingbacks/Trackbacks

  • http://constructionlawva.com Christopher G. Hill

    Scott,

    Great head’s up. You have VA as a no notice state, but your readers should remember that on residential jobs, the MLA has to be notified per statute. This requirement does not apply to commercial jobs.

    • http://www.zlien.com Scott Wolfe Jr

      true. Thanks

  • http://www.levycraig.com Rob Pitkin

    Missouri is half red and half blue. Prime contactors need to provide a specified 10-point bold-type Notice to the owner BEFORE the first bill. Subcontractors, on the other hand, only need to provide a “notice of intent to lien” before the lien is filed.

    • http://www.zlien.com Scott Wolfe Jr

      Hi Rob – Thanks for the comment here. You’re correct about this, and we should change this to be a half red/half blue state. I have a few alterations required to the map…as when we were preparing it, we were really thinking more along the lines of traditional subcontractor preliminary notices. In Louisiana (where I practice), for example, the state is also blue, but the state does have a prime contractor notice requirement similar to that in Missouri. I left it blue because Louisiana doesn’t have the traditional subcontractor preliminary notices required.

  • Pingback: Mechanics Lien v. Notice of Intent to Lien: What's The Difference?

  • Pingback: Colorado Notice of Intent To Lien Requires Planning