How to Send a Preliminary Notice — Complete 2026 Guide
A preliminary notice must be sent within 20 to 60 days of first furnishing in most states — or you permanently lose your mechanics lien rights. Sending it is not a threat. It is standard industry practice used by contractors across the country.
What Is a Preliminary Notice?
A preliminary notice (also called a pre-lien notice, notice to owner, 20-day notice, or prelim) is a formal written notice sent early in a construction project to preserve your right to later file a mechanics lien if you are not paid. It is not an accusation that the owner is dishonest or that you expect non-payment — it is a routine legal step that professional contractors take on every project to protect their payment rights.
Which States Require a Preliminary Notice?
States with mandatory preliminary notice requirements include: California (20-Day Preliminary Notice within 20 days), Texas (monthly notices by the 15th of the 3rd month), Florida (Notice to Owner within 45 days), Arizona (Preliminary 20-Day Notice within 20 days), Nevada (Notice of Right to Lien within 31 days), Washington (60-day preliminary notice), Minnesota (Pre-Lien Notice within 45 days on residential), North Carolina (Notice to Lien Agent within 15 days), and Georgia (Notice to Contractor within 30 days when NOC filed). States that do NOT require preliminary notices include: Illinois, New York, Pennsylvania (direct contractors), Virginia, and Indiana.
How to Send a Preliminary Notice
The correct process for sending a preliminary notice: (1) Confirm your state's specific preliminary notice requirements, including the deadline and required recipients. (2) Prepare the notice document with your name, the project address, a description of the work or materials you are providing, and the property owner's information. (3) Identify the correct recipients — typically the property owner, the general contractor if you are a subcontractor, and the construction lender if one exists. (4) Send the notice by certified mail with return receipt requested or personal service. (5) Keep copies of the notice and the certified mail tracking receipts as proof of service.
Preliminary Notice Deadlines by State
Key preliminary notice deadlines: California — 20 days from first furnishing. Texas — 15th of the 3rd month following each month furnished. Florida — 45 days from first furnishing. Arizona — 20 days from first furnishing. Nevada — 31 days from first furnishing. Washington — 60 days from first furnishing. Minnesota — 45 days from first furnishing (residential). North Carolina — 15 days from first furnishing (Notice to Lien Agent). Georgia — 30 days from first furnishing (when Notice of Commencement filed).
Common Preliminary Notice Mistakes
The most common preliminary notice mistakes: sending it late and losing lien rights for early work, failing to identify and include all required recipients, sending by regular mail instead of certified mail and having no proof of service, using the wrong form or missing required statutory language, and confusing the preliminary notice deadline with the lien filing deadline. The Mechanics Lien Management State System tracks preliminary notice deadlines for every project automatically.
Frequently Asked Questions
Is sending a preliminary notice a threat to the property owner?
No. A preliminary notice is a standard legal step taken by professional contractors on virtually every project. It simply puts the owner and lender on notice that you are on the project and have lien rights if unpaid. Most sophisticated owners expect to receive preliminary notices and have procedures for handling them.
What happens if I miss the preliminary notice deadline?
Missing the preliminary notice deadline in states that require it permanently eliminates your lien rights for work done before the notice — and in some states (like Florida), it eliminates all lien rights entirely. There are no exceptions and no grace periods.
Who should receive my preliminary notice?
Typically, the preliminary notice must go to the property owner, the original contractor if you are a subcontractor, and the construction lender if one exists. Some states require notice to additional parties. Always verify your state's specific recipient requirements.
Can I send a preliminary notice late?
A late preliminary notice only protects work performed within the preliminary notice window before the late notice was served. For example, if California's 20-day notice is sent on day 40, you retain lien rights only for work performed within 20 days before the notice date — work from days 1 through 20 is not protected.