|Survey of Notice RequirementsAcross The United States|
Nationwide Map of Construction Notice Requirements
Prior to filing a lien, many states have strict notice requirements. The type of notice required will vary depending on where you are and your particular role in a construction project. Typically, however, notices can be divided into two categories: Preliminary Notices and Notices of Intent to Lien. The differences between these two are discussed on our blog here: All Notices Are Not Created Equal: Prelim Notice v Notice of Intent to Lien.
To help you understand the notice requirements in your state, we’ve created this nationwide map of notice requirements.
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.
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.
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.