{"id":810,"date":"2025-01-07T00:46:40","date_gmt":"2025-01-07T00:46:40","guid":{"rendered":"https:\/\/aparbooks-dzhvcxcdg2cabrcy.northcentralus-01.azurewebsites.net\/?p=810"},"modified":"2025-01-07T00:46:40","modified_gmt":"2025-01-07T00:46:40","slug":"when-do-general-contractors-need-to-send-preliminary-notice","status":"publish","type":"post","link":"https:\/\/aparbooks.com\/blog\/when-do-general-contractors-need-to-send-preliminary-notice\/","title":{"rendered":"When Do General Contractors Need to Send Preliminary Notice"},"content":{"rendered":"\n

General contractors play a crucial role in construction projects, overseeing the work and coordinating with various parties involved. One of their responsibilities is ensuring compliance with state laws regarding preliminary notices, also known as pre-lien notices or pre-lien letters.<\/strong><\/p>\n\n\n\n

Preliminary notices are used by subcontractors and suppliers to secure their right to file a mechanics lien if unpaid. Although general contractors typically don’t send these notices, they often receive them from sub-tier parties involved in the project.<\/p>\n\n\n\n

However, some states require general contractors to send preliminary notices to the project owner and\/or the construction lender. <\/strong>The requirements vary from state to state, and it’s essential for general contractors to understand and comply with the laws in the states where they operate.<\/p>\n\n\n\n

State Requirement<\/strong><\/h2>\n

Alaska<\/strong><\/p>\n

Notice of Lien Rights may be served on owner & filed before providing labor or materials. This notice makes enforcement of the lien easier and can extend the time the lien claimant has to file the lien.<\/span><\/p>\n

Arizona<\/strong><\/h3>\n

Arizona 20-day Preliminary Notice must be delivered to owner and construction lender within 20 days of providing labor services or materials.<\/span><\/p>\n

Arkansas<\/strong><\/h3>\n

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.<\/span><\/p>\n

California<\/strong><\/h3>\n

Preliminary 20-Day notice must be served on the construction lender (if any) within 20 days of first providing materials or labor. Tardy notice only effective for work done in the preceding 20 days.<\/span><\/p>\n

Florida<\/strong><\/h3>\n

Must provide list of all subs and suppliers within 10 days of request.<\/span><\/p>\n

Idaho<\/strong><\/h3>\n

On residential projects, must give Residential Disclosure before entering contract for more than $2000.<\/span><\/p>\n

Iowa<\/strong><\/h3>\n

On owner-occupied residential projects, the GC must provide notice of lien rights and identity of subs to be used.<\/span><\/p>\n

Louisiana<\/strong><\/h3>\n

Notice of Contract must be filed before work begins if a contract is more than $25,000.00.<\/span><\/p>\n

Minnesota<\/strong><\/h3>\n

Notice must be in contract or served on owner within 10 days after work is agreed upon.<\/span><\/p>\n

Mississippi<\/strong><\/h3>\n

May need to provide a list of subs, if requested from owner.<\/span><\/p>\n

Missouri<\/strong><\/h3>\n

Disclosure notice served on owner prior to first payment.<\/span><\/p>\n

Montana<\/strong><\/h3>\n

Notice of Lien Rights served on owner within 20 days of first delivering materials or labor and filed with recorder within 5 days of delivery to owner.<\/span><\/p>\n

North Carolina<\/strong><\/h3>\n

Notice to Lien Agent required within 15 days of first furnishing labor and\/or materials.<\/span><\/p>\n

Oklahoma<\/strong><\/h3>\n

None, but unclear if notice is required on owner-occupied projects \u2013 best practice to send.<\/span><\/p>\n

Oregon<\/strong><\/h3>\n

Information Notice to Owner is due at time of contract execution for residential projects.<\/span><\/p>\n

Rhode Island<\/strong><\/h3>\n

Notice of Possible Mechanic\u2019s 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.<\/span><\/p>\n

South Carolina<\/strong><\/h3>\n

Notice of project commencement is due 15 days after commencement. This provides additional protections to the general contractor against potential lien claimants.<\/span><\/p>\n

South Dakota<\/strong><\/h3>\n

Optional notice of project commencement is due 30 days after commencement. Location Notice must be displayed at jobsite.<\/span><\/p>\n

Tennessee<\/strong><\/h3>\n

Notice to Owner must be sent prior to commencing work.<\/span><\/p>\n

Texas<\/strong><\/h3>\n

Generally none. GCs must file copy of the contract with county clerk for a lien on a homestead. GCs must provide a list of subs\/suppliers to owner of residential property unless owner waived that right.<\/span><\/p>\n

Virginia<\/strong><\/h3>\n

On residential projects, when a Mechanic Lien Agent is identified in a building permit, a 30-day preliminary notice is required.<\/span><\/p>\n

Washington<\/strong><\/h3>\n

Under some circumstances, Notice to Owner is required before commencing work. Model Disclosure Statement is due before work begins on all residential projects, and commercial projects under $60,000.<\/span><\/p>\n

Wisconsin<\/strong><\/h3>\n

Preliminary Notice in original contract or served on owner within 10 days after beginning work (if oral contract) Notice of intent to lien required 30 days before lien.<\/span><\/p>\n

Wyoming<\/strong><\/h3>\n

Preliminary Notice to Owner of Right to File Lien is required prior to receiving any payment from owner (including advances). Notice of Intent to lien is required 20 days prior to filing lien.<\/span><\/p>\n\n\n\n

4 Reasons Why General Contractors Should Send Preliminary Notices<\/strong><\/h2>\n\n\n\n

Even when not legally required, sending preliminary notices is highly beneficial for general contractors. These notices inform project owners and lenders about your involvement in the project and preserve your right to file a mechanics lien if payment issues arise. Here are four key reasons why general contractors should send preliminary notices:<\/p>\n

Faster Payments
<\/strong>Preliminary notices keep your payments on priority, reducing the likelihood of delays.<\/span><\/p>\n

Avoid Lien Costs
<\/strong>They can prevent costly legal expenses by addressing payment issues early.<\/span><\/p>\n

Protect Lien Rights
<\/strong>In certain states, not sending a notice can forfeit your right to a mechanics lien.<\/span><\/p>\n

Enhance Communication
<\/strong>They help coordinate with subcontractors and manage project schedules effectively.<\/span><\/p>\n\n\n\n

Bonus: Professionalism<\/strong><\/h2>\n\n\n\n

Sending preliminary notices is a sign of professionalism. It shows that a general contractor is organized, prepared, and dedicated to proper procedures. These qualities are valued by project owners and fellow contractors.\u00a0<\/p>\n\n\n\n

By sending these notices proactively, general contractors can ensure smoother payment processes, avoid legal issues, secure their lien rights, improve project communication, and demonstrate their professionalism.<\/p>\n

FAQs about Preliminary Notices and General Contractors \u2013 Powered by APARBooks<\/a><\/strong><\/h2>\n

1. Are general contractors required to send preliminary notices on all construction projects?<\/strong><\/h4>\n

No, preliminary notice requirements vary by state<\/strong>. While many states require subcontractors and suppliers<\/strong> to send these notices, only some states mandate general contractors to do so. However, even when not required, sending a preliminary notice is best practice<\/strong> to protect lien rights and promote timely payments. APARBooks<\/strong> helps general contractors stay compliant with each state\u2019s regulations automatically.<\/p>\n

2. What happens if a general contractor doesn’t send a preliminary notice in a required state?<\/strong><\/h4>\n

If a general contractor fails to send a preliminary notice<\/strong> where it’s legally required, they may lose their right to file a mechanics lien<\/strong> in the event of non-payment. This severely weakens their leverage in payment disputes. With APARBooks<\/strong>, contractors are alerted to notice deadlines and can issue compliant notices directly through the platform.<\/p>\n

3. How does APARBooks help general contractors manage preliminary notices?<\/strong><\/h4>\n

APARBooks<\/strong> streamlines the process by automatically tracking state-specific notice rules<\/strong>, sending reminders for deadlines, and generating notice forms for submission. This ensures that general contractors maintain lien rights and build trust with project owners<\/strong> through clear documentation.<\/p>\n

4. Is it beneficial for general contractors to send preliminary notices even when not required?<\/strong><\/h4>\n

Absolutely. Sending a preliminary notice<\/strong> proactively helps general contractors:<\/p>\n