Construction Preliminary Notice Guide: Protect Your Right to Get Paid

Here’s a scenario that plays out every week in construction: A subcontractor finishes $80,000 worth of work on a commercial project. The general contractor stops returning calls. The sub tries to file a mechanics lien and discovers they can’t because they never sent a preliminary notice. That $80,000? Gone. No legal recourse. No lien rights. Nothing.

All because of a piece of paper they didn’t send on time.

Preliminary notices are one of the most overlooked parts of the construction payment process. They’re not exciting. They’re not fun. But they are the foundation of your right to get paid when things go wrong. And in construction, things go wrong a lot.

This guide covers everything you need to know about preliminary notices: what they are, which states require them, who needs to send them, the deadlines you can’t miss, and how to build a system so you never lose your lien rights again.

What Is a Preliminary Notice?

A preliminary notice (sometimes called a pre-lien notice, notice to owner, 20-day notice, or notice of furnishing) is a formal document that tells the property owner, general contractor, and sometimes the lender that you are providing labor, materials, or equipment on their project.

It is NOT a lien. It is NOT a threat. It is NOT adversarial.

Think of it as a registration form. You’re simply saying: “Hey, I’m working on this project. Here’s who I am and what I’m doing.” That’s it.

The reason this matters is that in most states, you can’t file a mechanics lien unless you’ve sent a preliminary notice within a specific window of time. If you skip this step and then don’t get paid, you’ve lost your most powerful legal tool for collecting what you’re owed.

Why Preliminary Notices Exist

The preliminary notice system exists to protect property owners from “hidden” liens. Here’s the problem it solves:

A property owner hires a general contractor. The GC hires five subs. Each sub buys materials from suppliers. The owner might not even know most of these parties exist. If the GC doesn’t pay a sub, the sub can file a lien on the property. The owner is now on the hook for a debt they didn’t know about from a company they never hired.

Preliminary notices fix this by making sure everyone on the project is visible. When a sub or supplier sends a preliminary notice, the owner knows they’re there. If the GC isn’t paying the subs, the owner can step in early instead of getting blindsided by liens later.

It’s a system that works for everyone, when you follow the rules.

Which States Require Preliminary Notices?

About 35 states have some form of preliminary notice requirement. The rules, deadlines, and details vary wildly. Here’s a general breakdown:

States With Strict Preliminary Notice Requirements

These states require preliminary notices from most or all subcontractors and suppliers. Missing the deadline typically means losing your lien rights.

• Arizona - 20 days from first furnishing labor/materials. Required for all claimants except those with a direct contract with the owner.
• California - 20 days from first furnishing. Required for all claimants except direct contractors (laborers have different rules). Must be sent to owner, GC, and construction lender.
• Florida - Called “Notice to Owner.” Must be served within 45 days of first furnishing. Required for subs, sub-subs, and materialmen.
• Nevada - Called “Notice of Right to Lien.” 31 days from first furnishing for commercial projects.
• Texas - Multiple notice requirements depending on your role. Second and third-tier subs/suppliers must send notice by the 15th of the second month after labor/materials were first furnished.
• Washington - Called “Notice to Owner.” 60 days from first furnishing for commercial; must be sent before filing a lien on residential.

States With More Relaxed Requirements

These states have preliminary notice rules, but they may only apply to certain parties or have longer deadlines.

• Colorado - Notice of Intent to File Lien required before filing, but no preliminary notice at the start of the project.
• Georgia - Subs must file a “Notice of Commencement” lien within 30 days of starting work on certain projects.
• Michigan - 20 days from first furnishing for subcontractors.
• Oregon - 8 days from first furnishing for commercial projects. Called “Notice of Right to a Lien.”

States With No Preliminary Notice Requirement

Some states let you file a mechanics lien without any prior notice. These include (but are not limited to) Alabama, Iowa, Kentucky, New Hampshire, and Vermont. Even in these states, sending a notice is still a good practice because it puts the owner on alert and often speeds up payment.

Important: This list is a general guide, not legal advice. Lien laws change frequently. Always verify the current requirements for the state where your project is located. When in doubt, consult a construction attorney.

Who Needs to Send a Preliminary Notice?

The answer depends on your state, but here’s the general pattern:

Usually Required

• Subcontractors (those without a direct contract with the owner)
• Material suppliers (providing materials to a sub or GC)
• Equipment rental companies
• Second-tier and lower subcontractors (sub-subs)

Usually Exempt

• General contractors with a direct contract with the owner
• Laborers (in some states, but not all)
• Design professionals (architects, engineers) in some states

The Safe Play

If you’re not 100% sure whether your state requires a preliminary notice for your role on a project, send one anyway. There is no penalty for sending a preliminary notice when one isn’t required. But there’s a massive penalty for not sending one when it IS required.

Send the notice. Every time. On every project.

Timing: The Deadlines You Cannot Miss

Preliminary notice deadlines are measured from the date you first furnish labor or materials to the project. Here are the most common windows:

• 20 days - California, Arizona, Michigan, Oregon (8 days)
• 30 days - Georgia
• 45 days - Florida
• 60 days - Washington

These deadlines are strict. Courts don’t care that you were busy. They don’t care that you forgot. They don’t care that your office manager was on vacation. If the deadline passes without a notice being sent, your lien rights are gone.

When Does the Clock Start?

The clock typically starts on the date you first provide labor or materials to the project. This is called the “first furnishing” date. It’s not the contract date. It’s not the purchase order date. It’s the day your workers first show up on site or your materials first arrive.

For material suppliers, the first delivery date is usually the trigger. For subcontractors, it’s typically the first day of on-site work (not mobilization or shop drawing prep).

What If the Project Lasts Months?

In most states, one preliminary notice covers the entire project, as long as you send it within the deadline from your first furnishing date. You don’t need to send a new notice every month.

However, some states (like California) require that the notice be “refreshed” or that additional notices be sent for work that continues past a certain period. Check your state’s rules.

What Happens If You Miss the Deadline

Missing a preliminary notice deadline is one of the most expensive mistakes a construction company can make. Here’s what it costs you:

Loss of Lien Rights

In most states, failing to send a timely preliminary notice means you cannot file a mechanics lien. Period. Your lien rights are gone for any work performed before you send the notice.

On a $50,000 sub-contract, that means your strongest collection tool is off the table.

Reduced Negotiating Power

Even if you never actually file a lien, the ABILITY to file one is your biggest negotiating tool when chasing payment. When a GC knows you can lien the property, they have a strong incentive to pay you. When they know you can’t lien the property because you missed your preliminary notice, you’ve lost your position.

Some States Allow Partial Recovery

A few states let you send a late preliminary notice that covers work performed after the notice date (but not before). This is better than nothing, but you’ve still lost your rights to the work you already completed.

The Real-World Impact

A mechanical contractor in Arizona did $200,000 worth of HVAC work on a commercial project. They never sent a preliminary notice. The GC went bankrupt. The property owner denied any obligation to pay because there was no direct contract. The mechanical contractor tried to file a lien and was denied because no preliminary notice was on file.

$200,000 in labor and materials. Zero recovery. One piece of paper would have changed everything.

How to Track Notice Requirements Across Multiple Projects

If you’re running five or ten projects at once across different states, tracking preliminary notice deadlines becomes a real challenge. Here’s how to build a system that works:

Step 1: Make It Part of Your Project Setup

The moment you sign a contract or accept a purchase order, your preliminary notice process should start. Don’t wait until your crew is on site. Add “send preliminary notice” to your new project checklist right alongside “pull permits” and “order materials.”

When you set up a new project in your project management system, create a task for the preliminary notice with a due date based on when you expect to first furnish labor or materials.

Step 2: Know Your First Furnishing Date

Track the actual date your workers first show up on site or your materials first arrive. This is the date that starts the clock. Log it in your project file immediately.

Step 3: Set Deadline Alerts

Calculate the preliminary notice deadline based on your first furnishing date and your state’s requirements. Set an alert at least one week before the deadline. Set a second alert three days before.

Don’t rely on memory. Don’t rely on sticky notes. Use calendar reminders, task management, or project management software with built-in deadline tracking.

Step 4: Confirm Delivery

A preliminary notice only works if you can prove it was delivered. Send it via certified mail with return receipt, or use a digital notice service that provides proof of delivery. Keep the delivery confirmation in your project file forever.

Step 5: Log It

Record the date sent, the date delivered, the recipients, and the tracking number. This information needs to be accessible years from now if a payment dispute goes to court.

Digital Notice Services

Several companies specialize in sending construction preliminary notices. They handle the research (who to send it to), the formatting (state-specific forms), and the delivery (certified mail or electronic).

Popular services include:

• Levelset (now Procore) - The biggest name in the space. They research the project details, prepare the notice, and mail it for you.
• lien-pro - Similar service with competitive pricing for high-volume users.
• Zlien - Now part of Levelset/Procore.
• National Lien & Bond - Offers preliminary notice services as part of broader construction credit management.

The cost for these services typically runs $50-150 per notice. That might seem like a lot until you consider that a single missed notice could cost you tens of thousands of dollars.

For companies sending 20+ notices a month, the math is simple: the service pays for itself the first time it prevents a missed deadline.

Connecting Prelim Notices to Your Invoicing Workflow

Here’s where most contractors drop the ball. They send the preliminary notice and then forget about it. But the preliminary notice is just the first step in protecting your payment rights. It needs to connect to your entire invoicing and collections workflow.

Invoice on Schedule

Your preliminary notice tells the world you’re on the project. Now make sure you’re billing consistently. Late invoices lead to late payments, which lead to disputes, which lead to needing those lien rights you protected with your notice.

Use your invoicing system to set up recurring billing schedules for each project. Bill on the same day every month. Don’t wait until you “get around to it.”

Track Payments Against the Notice

When payments start falling behind, your preliminary notice becomes critical context. You need to know: Did I send a notice on this project? When was it delivered? Am I still within my lien filing window?

This information should be accessible from the same place you track invoices and payments. When you can see your notice status, invoice status, and payment history in one view, you can make fast decisions about when to escalate.

Know Your Lien Filing Deadline

The preliminary notice preserves your right to file a lien, but that right has its own deadline. In most states, you must file the lien within a certain number of days after your last furnishing date (typically 60-90 days). If you miss THAT deadline, the preliminary notice doesn’t matter.

Track both deadlines: the preliminary notice deadline and the lien filing deadline. Your job costing and project records should make it easy to identify your last furnishing date on any project.

Escalation Process

Build a clear escalation process:

1. Invoice sent - Day 0
2. Payment due - Per contract terms (Net 30, etc.)
3. First follow-up - 7 days past due
4. Second follow-up - 14 days past due (mention lien rights)
5. Demand letter - 30 days past due
6. File lien - Before the statutory deadline

Every step of this process relies on having a valid preliminary notice on file. Without it, steps 5 and 6 have no teeth.

Common Mistakes That Kill Your Lien Rights

Even when contractors send preliminary notices, they often make mistakes that invalidate them:

Wrong Property Description

The notice must accurately identify the property. A wrong address or incorrect legal description can make the notice invalid. Double-check every detail.

Wrong Recipients

Most states require the notice to be sent to specific parties: the property owner, the GC, and sometimes the construction lender. Sending it to the wrong person, or missing a required recipient, can void the notice.

No Proof of Delivery

If you can’t prove the notice was delivered, it’s as if you never sent it. Always use certified mail, registered mail, or a digital service that provides delivery confirmation.

Sending It Too Late

This is the most common mistake. The crew starts work, the office doesn’t find out about the first furnishing date for a week, and by the time someone sends the notice, the deadline has passed.

Incorrect Information

Your name, your company name, the type of work, the general contractor’s information. All of it must be accurate. Errors can give the other party grounds to challenge the validity of your notice.

Building a Bulletproof Notice System

The best system is one that runs automatically as part of your normal workflow. Here’s what that looks like:

1. New project setup - Notice requirement is identified based on state and your role on the project
2. First furnishing logged - The date is recorded in your project management system and the clock starts
3. Notice prepared - Either internally or through a digital service
4. Notice sent - Before the deadline, with proof of delivery
5. Confirmation filed - Delivery receipt stored in the project record
6. Lien deadline tracked - Second deadline set based on the anticipated last furnishing date
7. Connected to invoicing - Notice status visible alongside billing and payment data

When this system runs on every project, you never lose lien rights. You never miss a deadline. And you always have the tools you need to get paid.

The Bottom Line

Preliminary notices aren’t optional in most states, and they shouldn’t be optional in your business even where they’re not legally required. They’re the foundation of your right to get paid, and a missed deadline can cost you tens of thousands of dollars.

The fix is simple: build a system, follow it on every project, and connect it to your invoicing workflow. When your project management and invoicing work together, tracking notices becomes part of your normal process instead of another thing you have to remember.

Send the notice. Track the deadline. Protect your money.

See how Projul helps contractors track projects and invoicing, or check out the pricing to find the right plan for your business.