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.
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
Georgia (unless owner files Notice of Commencement)
Illinois (Except on Owner Occupied Residential Construction)
Indiana (Except on Owner Occupied Residential Construction)
Iowa (Except on Owner Occupied Residential Construction)
Louisiana (except for equipment lessors)
North Carolina (unless Notice of Contract filed by prime contractor)
Virginia (Except on residential construction when Mechanic Lien Agent identified)
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.