Preliminary Notice

What is a preliminary notice?

A preliminary notice is a notice sent near the beginning of a job. It lets the property owner and other key parties know you are furnishing labor, materials, or services on the project.

Its job is simple: protect your right to file a lien later if payment problems come up.

When it's required

Preliminary notices are not required in every state.

In states that do require them, the rule often depends on the project type, your role on the job, or the kind of work being performed.

The timing is usually early. In many cases, the notice has to be sent in the first days or weeks of work, not after payment trouble starts.

Why it matters

If you don't send it when required, you may lose your lien rights completely.

That can happen even if you did the work correctly and even if the money is clearly owed.

A preliminary notice is one of those steps that feels small when the job is starting, but it becomes critical later if payment turns into a dispute.

What happens if you skip it

• You may not be able to file a valid lien.
• You lose leverage when payment is delayed or ignored.
• You may have to rely only on contracts, collections, or court.

What a proper notice includes

• Your business information.
• Property details.
• Description of work.
• Estimated value.

Common mistakes

• Sending it too late.
• Sending it to the wrong party.
• Not tracking that it was sent.
• Assuming it's optional.

How it fits into the job

A preliminary notice is part of the job lifecycle, not a last-minute collection move.

It should be handled early, while the job setup is still being organized. It should also be tracked alongside contracts, scope, schedules, and change work so nothing gets lost later.

The contractors who stay protected are usually the ones who treat notices as part of normal job administration, not emergency cleanup.