All Notices Are Not Created Equal: Preliminary Notice vs. Notice of Intent to Lien
On June 25, 2008
By Scott Wolfe Jr
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In the world of construction liens, the word “Notice” gets frequent use. The technical nature of each state’s notice requirements, however, are often misunderstood.
In general, there are 2 types of “notices” required by lien statutes: Preliminary Notice & Notice of Intent to Lien.
Preliminary Notice vs. Notice of Intent to Lien
A “Preliminary Notice” must usually be provided to the notified party before work begins on a construction project, or within a certain time frame from when materials and/or materials are first furnished.
A “Notice of Intent to Lien,” on the other hand, must usually be provided to the notified party before filing a lien, usually 7-15 days before the filing.
As you can see from these simple definitions, the requirements are extremely different. And it’s safe to assume that if your project and state requires notice, the failure to send it will result in the forfeiture of your company’s lien rights.
When Is Notice Required?
Every state’s requirements are different – and unfortunately, quite technical. Not only does the technical nature of lien statutes make them difficult to understand and interpret, but they also result in sometimes absurd consequences.
Here are some general notice trends:
- Frequent Rule #1: Almost every state has notice requirements when work is being performed on an “owner-occupied” residence. In theory, this is to protect homeowners from getting burned and having to pay contractors twice. Some states (like Pennsylvania) even prohibit liens against single family homeowner residences. If you’re working on an “owner-occupied” residence – check your state’s lien laws.
- Frequent Rule #2: The further down the chain you are, the more likely notice is required. Across the nation, there are more notice requirements for subcontractors than prime contractors, and more notice requirements for sub-subcontractors and suppliers than 1st tier subcontractors. If you’re contracting with a subcontractor – check your state’s lien laws.
Zlien is a publisher of some of the web’s best free resources for construction lien laws in the United States. Aside from this blog, check out MechanicLien.com, where you can get charts explaining lien and notice deadlines, and download free forms.
Related posts:
- California Preliminary Notice
- Is Notice Required Before Filing a Construction Lien? Louisiana Law
- Is Notice Required Before Filing a Construction Lien? Washington Law
About the Author: Scott Wolfe Jr
Scott is the founder of Zlien, a nationwide mechanics lien and preliminary notice filing service. Zlien publishes the Construction Lien Blog, and has done so since 2007. Scott has been a leading contributor and author on the blog since it's initial publication. Scott is also the founder of Wolfe Law Group, a construction law firm that practices along the West Coast and in Louisiana. He lives in New Orleans, LA, where he was born and raised.
[...] Many states require contractors and/or suppliers to deliver a “Notice of Intent to Lien” or similar instrument a certain number of days after accounts receivables become due, or a certain number of days before filing a lien. Failure to deliver this notice, and to deliver it properly, may result in the forfeiting of lien rights. (Read about the differences between Preliminary Notices and Notices of Intent here). [...]
[...] 2008, I posted: All Notices Are Not Created Equal: Prelim Notice v Notice of Intent to Lien. I posted this in response to some confusion from clients about the differences between these two [...]
[...] like both a preliminary notice and/or a notice of intent to lien. While there are usually clear differences between preliminary notices and notices of intent to lien, this Louisiana notice tows the line between these two notice [...]
[...] 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 [...]