Most preliminary notices come from subcontractors and suppliers protecting their right to a mechanics lien. But some states also require the general contractor to send one, usually to the project owner or the construction lender. The rules vary state by state, and the ones below are the states that put an obligation on the GC.
When a general contractor has to send a preliminary notice
A preliminary notice, also called a pre-lien notice or pre-lien letter, is how a party on a construction project secures the right to file a mechanics lien if it goes unpaid. General contractors usually receive these notices from sub-tier parties rather than send them. However, some states require the general contractor to send a preliminary notice to the project owner and/or the construction lender, and the requirements differ from state to state. A general contractor needs to know the rule in every state where it operates.
State-by-state requirements for general contractors
| State | Requirement |
|---|---|
| Alaska | Notice of Lien Rights may be served on the owner and filed before providing labor or materials. It makes lien enforcement easier and can extend the time the claimant has to file the lien. |
| Arizona | The Arizona 20-day Preliminary Notice must be delivered to the owner and construction lender within 20 days of first providing labor, services, or materials. |
| Arkansas | Notice of Intent to Lien is required 10 days before filing a lien. On residential projects, a Pre-Construction Notice to Owner is required before work. On other projects, Notice to Owner and Contractor is due within 75 days of last furnishing work and materials. |
| California | The Preliminary 20-Day Notice must be served on the construction lender (if any) within 20 days of first providing materials or labor. A late notice is only effective for work done in the preceding 20 days. |
| Florida | Must provide a list of all subs and suppliers within 10 days of a request. |
| Idaho | On residential projects, must give a Residential Disclosure before entering a contract for more than $2,000. |
| Iowa | On owner-occupied residential projects, the GC must provide notice of lien rights and the identity of subs to be used. |
| Louisiana | Notice of Contract must be filed before work begins if the contract is more than $25,000. |
| Minnesota | Notice must be in the contract or served on the owner within 10 days after work is agreed upon. |
| Mississippi | May need to provide a list of subs if requested by the owner. |
| Missouri | Disclosure notice served on the owner prior to the first payment. |
| Montana | Notice of Lien Rights served on the owner within 20 days of first delivering materials or labor, and filed with the recorder within 5 days of delivery to the owner. |
| North Carolina | Notice to Lien Agent required within 15 days of first furnishing labor and/or materials. |
| Oklahoma | None required, but it is unclear whether notice is required on owner-occupied projects, best practice is to send it. |
| Oregon | Information Notice to Owner is due at the time of contract execution for residential projects. |
| Rhode Island | Notice of Possible Mechanic's Lien required within 10 days of commencing work. Notice of Intent must be given to the owner within the same 200-day period as a lien. |
| South Carolina | Notice of project commencement is due 15 days after commencement. It provides additional protection to the general contractor against potential lien claimants. |
| South Dakota | Optional notice of project commencement is due 30 days after commencement. A Location Notice must be displayed at the jobsite. |
| Tennessee | Notice to Owner must be sent prior to commencing work. |
| Texas | Generally none. GCs must file a copy of the contract with the county clerk for a lien on a homestead, and must provide a list of subs/suppliers to the owner of residential property unless the owner waived that right. |
| Virginia | On residential projects, when a Mechanic Lien Agent is identified in a building permit, a 30-day preliminary notice is required. |
| Washington | Under some circumstances, Notice to Owner is required before commencing work. A Model Disclosure Statement is due before work begins on all residential projects and on commercial projects under $60,000. |
| Wisconsin | Preliminary Notice in the original contract, or served on the owner within 10 days after beginning work if the contract is oral. Notice of Intent to Lien required 30 days before a lien. |
| Wyoming | Preliminary Notice to Owner of Right to File Lien is required prior to receiving any payment from the owner, including advances. Notice of Intent to Lien is required 20 days prior to filing a lien. |
Four reasons to send a preliminary notice even when it isn't required
Sending a preliminary notice benefits a general contractor even where the law does not demand it. The notice tells project owners and lenders that you are involved and preserves your right to file a mechanics lien if payment goes wrong.
- Faster payments. A preliminary notice keeps your payment on priority and reduces the chance of delays.
- Avoid lien costs. Addressing payment issues early can prevent costly legal expenses.
- Protect lien rights. In certain states, not sending a notice forfeits your right to a mechanics lien.
- Better communication. The notice helps coordinate with subcontractors and manage project schedules.
A note on professionalism
Sending preliminary notices signals that a general contractor is organized, prepared, and committed to proper procedure, qualities project owners and other contractors notice. Sent proactively, these notices smooth the payment process, help avoid legal issues, secure lien rights, and improve project communication.
Frequently Asked Questions
Are general contractors required to send preliminary notices on all construction projects?
No. Requirements vary by state. Many states require subcontractors and suppliers to send these notices, but only some require general contractors to do so. Even where it is not required, sending one is best practice to protect lien rights and promote timely payment. APARBooks helps general contractors stay compliant with each state's regulations automatically.
What happens if a general contractor doesn't send a preliminary notice in a state that requires it?
The general contractor may lose the right to file a mechanics lien in the event of non-payment, which severely weakens their use in a payment dispute. APARBooks alerts contractors to notice deadlines and lets them issue compliant notices through the platform.
How does APARBooks help general contractors manage preliminary notices?
APARBooks tracks state-specific notice rules automatically, sends deadline reminders, and generates notice forms for submission, so general contractors keep their lien rights and maintain clear documentation with project owners.
Is it worth sending preliminary notices even when they aren't required?
Yes. Sending one proactively helps a general contractor get paid faster, avoid payment disputes, improve communication with stakeholders, and show professionalism and project readiness. APARBooks makes it easy to send notices consistently regardless of the legal obligation.
Which states require general contractors to send preliminary notices?
States including Arizona, California, Louisiana, Montana, North Carolina, Virginia, and Wisconsin have specific requirements for general contractors. APARBooks has a built-in database of all 50 states' lien laws so contractors stay current without manual research.
What else can APARBooks help general contractors manage beyond preliminary notices?
Beyond preliminary notices, APARBooks helps GCs manage lien waivers and releases, subcontractor payment tracking, invoices and change orders, and contract filing and compliance logs, with end-to-end document visibility across the project.
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