Preliminary Notice

What is a preliminary notice?

A preliminary notice (also called notice to owner, pre-lien notice, or preservation notice depending on jurisdiction) informs the property owner, and sometimes the lender or GC, that a contractor, sub, or supplier is furnishing labor or materials to the project.

On many jobs, failing to send a preliminary notice on time eliminates lien rights even when you are legitimately unpaid.

Why preliminary notices exist

Owners and lenders want to know who is on the job so they do not release full payment to the GC while subs and suppliers go unpaid. Notices protect downstream parties and give owners a chance to track progress payments.

Who must send one?

Rules vary widely by state and province. Common patterns:

• Subcontractors and suppliers must notice early in the project
• Direct contractors may have different or no notice requirement
• Residential projects sometimes have extra forms and deadlines

Never assume your role is exempt until local counsel confirms it.

Preliminary notice vs lien filing

Missing the notice often means you cannot file later. Calendar both steps at mobilization.

What to include

Notices usually require:

• Project address and legal description where applicable
• Claimant name and role
• Owner or GC contact
• Statutory wording and service method

Use current statutory forms. Generic letters may fail.

On the job

Send notices on every private job until counsel says otherwise.

Keep proof of delivery. Certified mail, courier receipts, or electronic proof.

Train office staff. Field crews will not remember lien deadlines for you.

Note

This is general info, not legal advice. Preliminary notice rules vary by jurisdiction. Consult a construction attorney in the project state or province before relying on this summary.