Preliminary Notice for Mechanics Lien — Complete Guide All 50 States
A preliminary notice (also called a pre-lien notice, notice to owner, or 20-day notice) is a formal document sent early in a construction project to preserve your right to later file a mechanics lien. In many states, failing to send this notice on time permanently eliminates your lien rights — even if you were never paid.
What Is a Preliminary Notice?
A preliminary notice is a written document sent to the property owner, general contractor, and construction lender early in a construction project. It identifies who you are, what work or materials you are providing, and puts all parties on notice that you have lien rights if you are not paid. In many states it is a mandatory prerequisite to filing a mechanics lien.
Which States Require Preliminary Notices?
States with mandatory preliminary notice requirements include: California (20-day notice required within 20 days of first furnishing), Texas (monthly notices required by the 15th of each month), Florida (Notice to Owner required within 45 days of first furnishing), Washington (60-day notice required), Arizona (Preliminary 20-Day Notice), Nevada (Notice of Right to Lien within 31 days), and Minnesota (pre-lien notice within 45 days).
When to Send a Preliminary Notice
Preliminary notices must be sent within a specific window — usually measured from the first date you furnish labor or materials on the project. In California, it must be sent within 20 days of first furnishing. In Florida, within 45 days. In Texas, by the 15th of the second month following each month in which you furnish. Late preliminary notices only protect work done after the notice date.
What Happens If You Miss the Preliminary Notice Deadline?
Missing a preliminary notice deadline can have severe consequences. In California, you lose lien rights for any work done more than 20 days before the notice date. In Florida, you lose your lien rights entirely if you don't send the Notice to Owner on time. In Texas, missing a monthly notice forfeits lien rights for that month's work.
How to Send a Preliminary Notice
Preliminary notices must typically be sent by certified mail with return receipt requested. The notice must go to the property owner, the general contractor (if you are a sub), and the construction lender. Keep copies of the notice and the certified mail receipts as proof of service.
Frequently Asked Questions
Do general contractors need to send preliminary notices?
Generally, general contractors who have a direct contract with the property owner are exempt from preliminary notice requirements in most states. However, there are exceptions — always verify your state's specific rules for your role.
Can I file a mechanics lien without sending a preliminary notice?
In states that require preliminary notices, you cannot file a valid mechanics lien without first sending the required notice. The lien would be unenforceable or invalid. In states that do not require preliminary notices (such as Illinois and New York), you can file a lien without prior notice.
What is the difference between a preliminary notice and a notice of intent to lien?
A preliminary notice is sent at the beginning of the project to preserve lien rights. A notice of intent to lien is typically sent shortly before actually filing the lien, giving the owner a final warning. Both are distinct notices — some states require only one, some require both.