Preliminary Notices

What is a Preliminary Notice?

A preliminary notice is meant to be a warning to the owner, contractor and project lenders that you are owed money and intend to tie up the property with a mechanics lien if you’re not paid.

When is a preliminary mechanics lien notice required?

A preliminary notice is required in most States, especially if you do not have a direct contract with the owner. Each State is different: some states require preliminary notices before work starts, while others simply require that a preliminary notice be filed just a few days before a lien is filed.  Many States distinguish between residential, commercial and public projects when requiring preliminary notices.

What is the purpose of a preliminary notice?

The purpose of the preliminary notice is to let the owner know who is on the project, and, in some cases, to warn the owner that a mechanics lien is going to be filed. Failure to file a preliminary notice can compromise the amount of the mechanics lien.

  • In many states, preliminary notices are required to secure a mechanics lien.
  • Preliminary notices let the owner know you are working on the project.
  • If money is owed to you, you can send a preliminary notice as a warning.
  • Maximize the amount of your mechanics lien by filing a preliminary notice early.
  • Owners who received notice that you are owed money usually investigate.

Express Notices will help protect your Lien Rights.


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