Is Preliminary Notice Required In My State? List of Notice and Non-Notice States
On November 30, 2010
By Scott Wolfe Jr
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Some states require that contractors and suppliers provide preliminary notice to the property owner (and/or other parties) to preserve their lien rights. Whether this notice is required depends on the applicable state’s laws.
Get a free summary of a state’s laws at MechanicLien.com.
If you’re looking for a basic overview of which states require preliminary notice and which don’t, this post gives you a simple breakdown.
States That Require Notice
Alaska
Arizona
Arkansas
California
Florida
Kentucky
Maryland
Massachusetts
Michigan
Minnesota
Montana
Nevada
New Hampshire
New Mexico
Ohio
Oklahoma
Oregon
South Carolina
South Dakota
Tennessee
Texas
Utah
Washington
Wisconsin
Wyoming
Non-Notice States
Alabama
Colorado
Connecticut
Delaware
Georgia (unless owner files Notice of Commencement)
Hawaii
Idaho
Illinois (Except on Owner Occupied Residential Construction)
Indiana (Except on Owner Occupied Residential Construction)
Iowa (Except on Owner Occupied Residential Construction)
Kansas
Louisiana (except for equipment lessors)
Maine
Mississippi
Missouri
Nebraska
New Jersey
New York
North Carolina (unless Notice of Contract filed by prime contractor)
North Dakota
Pennsylvania
Rhode Island
Vermont
Virginia (Except on residential construction when Mechanic Lien Agent identified)
West Virginia
Washington DC
Explaining This Post
This post reviews those circumstances when a preliminary notice is required from a subcontractor or supplier. Typically, these notices must be sent to the property owner or prime contractor within a certain number of days (from 8 to 120) from when materials and/or labor are first furnished to the project.
This post does not address circumstances when a prime contractor may have notice requirements, or when a “Notice of Intent to Lien” must be sent before filing a lien.
Related posts:
- Preliminary Notice Rarely Required in Georgia
- All Notices Are Not Created Equal: Preliminary Notice vs. Notice of Intent to Lien
- Is Utah’s SCR (State Construction Registry) A Model For Rest of States?
- California Preliminary Notice
- Is Notice Required Before Filing a Construction Lien? Louisiana 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.
[...] run-down of which states require notices and which do not are available on this blog here: Is Notice Required In My State? List of Notice and Non-Notice States. Remember also that our LienPilot can calculate your notice requirements based on your job [...]
[...] important to figure out whether your state required a preliminary notice. We posted this listing of notice states on this blog [...]
[...] run-down of which states require notices and which do not are available on this blog here: Is Notice Required In My State? List of Notice and Non-Notice States. Remember also that our LienPilot can calculate your notice requirements based on your job [...]
[...] Is Preliminary Notice Required In My State? List of Notice and Non-Notice States (zlien.com/blog) [...]