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Can I File A Mechanics Lien If I Didn’t Send Preliminary Notice?

A client recently asked me whether they could file a mechanics lien if they failed to send a preliminary notice at the beginning of the project. The question reminded me that I get that question a lot, and inspired this post.  The answer, of course, is that it depends. Filing A Mechanics Lien Allowed If […]

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Everyone Must Send Preliminary Notice in Arizona

Arizona has a very strict preliminary notice requirement with zero exceptions and zero tolerance. The requirement comes from ARS 33-992.01, which provides where relevant: B. Except for a person performing actual labor for wages, every person who furnishes labor, professional services, materials, machinery, fixtures or tools for which a lien otherwise may be claimed under this […]

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Florida Notice To Owner: Exceptions To The Requirement

Generally speaking, when working on a private construction project in Florida, you must deliver a “Notice To Owner” to preserve your mechanics lien rights. Like any law, there are exceptions.  This post reviews the rule, the exceptions and some best practices for your company. Explaining Florida’s Notice To Owner Requirement Many states have preliminary notice […]

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3 Important Nuances Within South Dakota Mechanics Lien Law

As far as mechanics lien law is concerned, South Dakota has a pretty straight forward statute. Earlier today, we published a guide to these laws, highlighting that mechanics liens are always due 120 days from last furnishing labor or materials, and that if a preliminary notice is required (only if a Notice of Commencement is […]

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You Don’t Need Preliminary Notice in Washington For Labor Portion Of Work

On private projects in Washington state, all material suppliers and most subcontractors must deliver a preliminary notice within 60 days of first furnishing labor or materials to a construction project. Failing to send this preliminary notice will result in the loss of mechanics lien rights. This preliminary notice requirement is pretty well known in Washington, […]

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FAQ: Are There Any Exceptions to California’s Preliminary Notice Requirements?

Short answer:  Yes, there is a limited exception recognized by California Courts…but you should be very careful when relying upon it. Long answer:  As a general rule, if you did not contract directly with the property owner on a California construction project, you must deliver a “20 Day Preliminary Notice” within 20 days of first […]

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