Preliminary Notice Requirements by State

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A preliminary notice tells the property owner, and often the general contractor and the lender, that you are working on the project and may claim a lien if you are not paid. States call it different things: preliminary notice, notice to owner, notice of furnishing, or pre-lien notice.

The notice mainly protects subcontractors and suppliers, who have no contract with the owner. It puts the owner on notice that they are on the job, so the owner can make sure they are paid before paying the general contractor. In states that require it, missing the notice usually forfeits lien rights for the parties it applies to. In some, such as New Hampshire, a late notice still works but covers less of your work.

The table shows who must send one in each state, the deadline, who receives it and how to deliver it. Each state page has the full rules and the statute behind them.

Preliminary notice rules in all 50 states

Preliminary notice requirement, deadline, recipients and delivery method by state
State Required for Deadline Sent to How
Alabama Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Alaska Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Arizona Required for every claimant, including the general contractor Within 20 days after first furnishing labor or materials The property owner, the general contractor, and the construction lender Certified mail
Arkansas Required for every claimant, including the general contractor General contractors: Before work begins on a residential project of four or fewer units, the contractor must deliver the statutory pre-construction notice to the owner by personal delivery or certified mail. Not required if the contractor provides a performance and payment bond, or on a direct sale to the owner. Subcontractors, sub-subcontractors, suppliers to the general contractor, and suppliers to a subcontractor: within 75 days after first furnishing labor or materials The property owner and the general contractor Certified mail
California Required for subcontractors, sub-subcontractors, and suppliers Within 20 days after first furnishing labor or materials The property owner, the general contractor, and the construction lender Certified mail
Colorado Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Connecticut Required for every claimant, including the general contractor General contractors: within 15 days after first furnishing labor or materials Subcontractors, sub-subcontractors, suppliers to the owner, suppliers to the general contractor, and suppliers to a subcontractor: within 90 days after last furnishing labor or materials The property owner and the general contractor Registered mail
Delaware Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Florida Required for subcontractors, sub-subcontractors, and suppliers Within 45 days after first furnishing labor or materials The property owner, the general contractor, and the construction lender Certified mail
Georgia Required for subcontractors, sub-subcontractors, and suppliers Within 30 days after first furnishing labor or materials The property owner and the general contractor Certified mail
Hawaii Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Idaho Required for every claimant, including the general contractor General contractors: Before signing a contract over $2,000 with a homeowner or residential buyer (1 to 4 dwelling units), the general contractor must give the statutory lien disclosure statement and keep the signed acknowledgment of receipt The property owner Personal delivery
Illinois Required for subcontractors, sub-subcontractors, and suppliers Within 90 days after last furnishing labor or materials The property owner and the construction lender Any method that proves receipt
Indiana Required for subcontractors, sub-subcontractors, and suppliers Within 30 days after first furnishing labor or materials The property owner Certified mail
Iowa Required for every claimant, including the general contractor General contractors: within 10 days after first furnishing labor or materials Subcontractors, sub-subcontractors, suppliers to the general contractor, and suppliers to a subcontractor: within 30 days after first furnishing labor or materials The property owner and the general contractor Any method that proves receipt
Kansas Required for subcontractors, sub-subcontractors, and suppliers On work on an owner-occupied home (one or two families), mail the owner the statutory warning statement before filing a lien; there is no fixed deadline, but the owner is protected for payments made to the contractor before receiving it. Not needed if the claim is $250 or less. On new homes, file a notice of intent to perform with the district court clerk before the deed to a buyer is recorded The property owner Certified mail
Kentucky Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Louisiana Required for every claimant, including the general contractor General contractors: Before work begins, file a notice of contract, signed by the owner and general contractor, with the parish recorder of mortgages. If the contract price is over $100,000, a general contractor without a timely notice of contract has no privilege and cannot file a statement of claim The parish recorder Any method that proves receipt
Maine Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Maryland Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Massachusetts Required for every claimant, including the general contractor Within 90 days after last furnishing labor or materials The property owner and the general contractor Certified mail
Michigan Required for subcontractors, sub-subcontractors, and suppliers Within 20 days after first furnishing labor or materials The property owner and the general contractor Certified mail
Minnesota Required for every claimant, including the general contractor General contractors: Put the statutory lien notice in the written contract. If there is no written contract, deliver the notice to the owner personally or by certified mail within 10 days after the work is agreed upon. Subcontractors, sub-subcontractors, suppliers to the owner, suppliers to the general contractor, and suppliers to a subcontractor: within 45 days after first furnishing labor or materials The property owner Certified mail
Mississippi Required for subcontractors, sub-subcontractors, and suppliers Within 30 days after first furnishing labor or materials The property owner Certified mail
Missouri Required for every claimant, including the general contractor Give the owner the statutory notice before receiving any payment: when the contract is signed, when materials are delivered, when work starts, or with the first invoice. The property owner Any method that proves receipt
Montana Required for subcontractors, sub-subcontractors, and suppliers Within 20 days after first furnishing labor or materials The property owner, with a copy recorded with the county Certified mail
Nebraska Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Nevada Required for subcontractors, sub-subcontractors, and suppliers Within 31 days after first furnishing labor or materials The property owner and the general contractor Certified mail
New Hampshire Required for subcontractors, sub-subcontractors, and suppliers Subcontractors and sub-subcontractors: Before you start work or deliver materials, give the owner (or the person in charge of the property) written notice that you will claim a lien. Later notice still works, but the lien then covers only what is then due or later becomes due to the contractor who hired you. Suppliers to the general contractor: Before you deliver materials, give the owner (or the person in charge of the property) written notice that you will claim a lien. Later notice still works, but the lien then covers only what is then due or later becomes due to the contractor who bought from you. Suppliers to a subcontractor: Before you deliver materials, give the owner (or the person in charge of the property) written notice that you will claim a lien. Later notice still works, but the lien then covers only what is then due or later becomes due to the subcontractor who bought from you. The property owner Any method that proves receipt
New Jersey Not required to preserve lien rights No preliminary notice Not applicable Not applicable
New Mexico Required for sub-subcontractors and suppliers Within 60 days after first furnishing labor or materials The property owner and the general contractor Certified mail
New York Not required to preserve lien rights No preliminary notice Not applicable Not applicable
North Carolina Required for subcontractors, sub-subcontractors, and suppliers Within 15 days after first furnishing labor or materials The project lien agent Any method that proves receipt
North Dakota Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Ohio Required for subcontractors, sub-subcontractors, and suppliers Within 21 days after first furnishing labor or materials The property owner, the general contractor, and the construction lender Certified mail
Oklahoma Required for subcontractors, sub-subcontractors, and suppliers Within 75 days after last furnishing labor or materials The property owner and the general contractor Certified mail
Oregon Required for subcontractors, sub-subcontractors, and suppliers Within 8 days after first furnishing labor or materials The property owner Any method that proves receipt
Pennsylvania Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Rhode Island Not required to preserve lien rights No preliminary notice Not applicable Not applicable
South Carolina Not required to preserve lien rights No preliminary notice Not applicable Not applicable
South Dakota Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Tennessee Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Texas Required for subcontractors, sub-subcontractors, and suppliers By the 15th day of the 3rd month after each month in which unpaid labor or materials were provided (the 2nd month on residential projects) The property owner and the general contractor Certified mail
Utah Required for every claimant, including the general contractor Within 20 days after first furnishing labor or materials The state construction registry Any method that proves receipt
Vermont Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Virginia Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Washington Required for subcontractors, sub-subcontractors, and suppliers Within 10 days after first furnishing labor or materials The property owner Any method that proves receipt
West Virginia Not required to preserve lien rights No preliminary notice Not applicable Not applicable
Wisconsin Required for subcontractors, sub-subcontractors, and suppliers Within 60 days after first furnishing labor or materials The property owner Certified mail
Wyoming Not required to preserve lien rights No preliminary notice Not applicable Not applicable

States with no preliminary notice

These 21 states do not require a preliminary notice to preserve lien rights: Alabama, Alaska, Colorado, Delaware, Hawaii, Kentucky, Maine, Maryland, Nebraska, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia and Wyoming.

Sending one anyway can still help you get paid. Some of these states require a notice of intent before the lien is recorded, which the mechanics lien deadlines guide lists.

States where everyone must send one

In these 10 states, every claimant must send a preliminary notice, including the general contractor: Arizona, Arkansas, Connecticut, Idaho, Iowa, Louisiana, Massachusetts, Minnesota, Missouri and Utah.

In the other states that require a notice, it applies to subcontractors and suppliers, or only to those further down the chain, as the table shows. In several of the states above, the general contractor's notice is a disclosure given before work starts or with the contract, so read the deadline column closely.

What the notice must say

Most lien statutes list what the notice must contain. Common elements are:

  • Your name and address, and the name of the party that hired you.
  • The owner's name and the property's address or legal description.
  • The general contractor and the lender, where known.
  • A description of the labor or materials you are furnishing.
  • In some states, an estimate of their value.
  • Warning language, where the statute prescribes the exact wording.

Some states publish a required form. Use the state's wording where it has one, and confirm with counsel when the statute is unclear.

Send it early

The safest time to send a preliminary notice is when you start work or make your first delivery. Many deadlines count from first furnishing, so the clock may already be running on day one. Sending it early also tells the owner who you are before any payment problem exists.

Keep proof of delivery. The table lists the method each state requires. Our preliminary notice service prepares and sends the notice for you, and each state page in the table has the full rules.

Frequently asked questions

Which states do not require a preliminary notice?
In 21 states, no preliminary notice is required to preserve lien rights: Alabama, Alaska, Colorado, Delaware, Hawaii, Kentucky, Maine, Maryland, Nebraska, New Jersey, New York, North Dakota, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Virginia, West Virginia and Wyoming. Sending one anyway can still help you get paid, and some of these states require a notice of intent before the lien.
Which states have the shortest preliminary notice deadline?
Among deadlines counted from first furnishing, Oregon has the shortest: 8 days. Iowa (general contractors) and Washington come next, at 10 days. Some states set the deadline another way, such as before work starts, so check the table for your state.
How must a preliminary notice be delivered?
It depends on the state. Arizona, Arkansas, California, Florida, Georgia, Indiana, Kansas, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Mexico, Ohio, Oklahoma, Texas and Wisconsin call for certified mail. Connecticut calls for registered mail. Idaho calls for personal delivery. In the other states that require a notice, any method that proves receipt is accepted. Keep proof of delivery either way.
Does the notice always go to the property owner?
No. In Louisiana it goes to the parish recorder, in North Carolina it goes to the project lien agent and in Utah it goes to the state construction registry. In the other states that require a notice, it goes to the property owner, and in many of them to the general contractor or lender as well.

Sources

Each row comes from that state's page on this site, which shows the full notice rules. These are the statutes those pages cite.

  1. Alabama: Ala. Code §§ 35-11-213, 35-11-215, 35-11-218, 35-11-221
  2. Alaska: AS 34.35.064, 34.35.068, 34.35.070, 34.35.071, 34.35.080
  3. Arizona: A.R.S. §§ 33-992.01, 33-993, 33-998, 33-1002, 33-420
  4. Arkansas: Ark. Code Ann. §§ 18-44-114, 18-44-115, 18-44-117, 18-44-119
  5. California: Cal. Civ. Code §§ 8204, 8182, 8412, 8414, 8416, 8460, 8422
  6. Colorado: C.R.S. §§ 38-22-109, 38-22-110; C.R.S. § 38-35-204
  7. Connecticut: Conn. Gen. Stat. §§ 49-34, 49-35, 49-39
  8. Delaware: 25 Del. C. §§ 2711, 2712, 2714
  9. Florida: Fla. Stat. §§ 713.06, 713.08, 713.18, 713.22, 713.31
  10. Georgia: O.C.G.A. §§ 44-14-361.1, 44-14-361.5
  11. Hawaii: HRS § 507-43
  12. Idaho: Idaho Code §§ 45-507, 45-510, 45-525
  13. Illinois: 770 ILCS 60/7, 60/9, 60/24
  14. Indiana: IC 32-28-3-1(h),(i); IC 32-28-3-3; IC 32-28-3-6
  15. Iowa: Iowa Code §§ 572.8, 572.9, 572.10, 572.11, 572.13, 572.13A, 572.13B, 572.27, 572.28, 572.33
  16. Kansas: K.S.A. §§ 60-1102, 60-1103, 60-1103a, 60-1103b, 60-1105
  17. Kentucky: KRS §§ 376.010, 376.080, 376.090, 376.220
  18. Louisiana: La. R.S. §§ 9:4811, 9:4822, 9:4823, 9:4831, 9:4833
  19. Maine: 10 M.R.S. §§ 3253, 3255
  20. Maryland: Md. Code, Real Prop. §§ 9-104, 9-105, 9-109
  21. Massachusetts: M.G.L. c.254 §§ 4, 8, 11 (and §§2A–2B for substantial completion/termination notices)
  22. Michigan: MCL 570.1109, 570.1111, 570.1117, 570.1118
  23. Minnesota: Minn. Stat. §§ 514.011, 514.08, 514.12
  24. Mississippi: Miss. Code Ann. §§ 85-7-405, 85-7-407, 85-7-409, 85-7-421, 85-7-423, 85-7-429
  25. Missouri: RSMo §§ 429.012, 429.013, 429.080, 429.100, 429.170, 429.014, 429.016
  26. Montana: MCA §§ 71-3-531, 71-3-534, 71-3-535, 71-3-533, 71-3-562
  27. Nebraska: Neb. Rev. Stat. §§ 52-125 to 52-159, including §§ 52-135, 52-137, 52-140, 52-147, 52-157
  28. Nevada: NRS §§ 108.226, 108.227, 108.228, 108.233, 108.245
  29. New Hampshire: RSA 447:5, 447:6, 447:8, 447:9, 447:10
  30. New Jersey: N.J.S.A. §§ 2A:44A-6, 2A:44A-7, 2A:44A-14, 2A:44A-20, 2A:44A-21
  31. New Mexico: NMSA 1978 §§ 48-2-2.1, 48-2-6, 48-2-10
  32. New York: NY Lien Law §§ 10, 11, 17, 39, 39-a
  33. North Carolina: N.C. Gen. Stat. §§ 44A-11.2, 44A-12, 44A-14, 44A-35
  34. North Dakota: N.D.C.C. §§ 35-27-02, 35-27-13, 35-27-24, 35-27-24.1, 35-27-25
  35. Ohio: Ohio Rev. Code §§ 1311.05, 1311.06, 1311.13, 1311.04
  36. Oklahoma: 42 O.S. §§ 142, 143.1, 143.2, 172
  37. Oregon: ORS §§ 87.021, 87.035, 87.055, 87.039
  38. Pennsylvania: 49 P.S. §§ 1303, 1502, 1701
  39. Rhode Island: R.I. Gen. Laws §§ 34-28-4, 34-28-10, 34-28-16
  40. South Carolina: S.C. Code Ann. §§ 29-5-10, 29-5-90, 29-5-120
  41. South Dakota: SDCL §§ 44-9-15, 44-9-23, 15-2-13
  42. Tennessee: T.C.A. §§ 66-11-112, 66-11-115, 66-11-130, 66-11-143, 66-11-145
  43. Texas: Tex. Prop. Code §§ 53.052, 53.055, 53.056, 53.158
  44. Utah: Utah Code §§ 38-1a-308, 38-1a-501, 38-1a-502, 38-1a-701
  45. Vermont: 9 V.S.A. §§ 1921, 1923, 1924, 1925
  46. Virginia: Va. Code §§ 43-4, 43-5, 43-17
  47. Washington: RCW 60.04.031, 60.04.081, 60.04.091, 60.04.141
  48. West Virginia: W. Va. Code §§ 38-2-7, 38-2-8, 38-2-9, 38-2-14, 38-2-34
  49. Wisconsin: Wis. Stat. §§ 779.02, 779.06, 779.12
  50. Wyoming: Wyo. Stat. §§ 29-2-106, 29-2-107, 29-2-109

This guide is general information, not legal advice. Lien rules turn on facts specific to your project. Confirm with counsel before relying on them.