Given the impact of COVID-19 on construction, many businesses have been forced to close their doors, whether it be temporarily or permanently. This means that securing your lien rights during this time is more important than ever. However, this inevitably raises questions in contractors’ minds. When is a construction notice served – upon mailing, or upon delivery? What if my notice was never delivered? What if it was returned undelivered? What happens to my mechanics lien rights? This article will break down the service requirements and when they’ve been met in each state.
Delivering construction notices to protect lien rights
Mechanics lien laws are different in each state, this includes all of the notice requirements. There are a variety of different types of notices in construction. Preliminary notices, notice of intent to lien, a notice of a lien claim, etc. Sending these notices is an important part of protecting your right to file a mechanics lien if you don’t get paid. However, it’s important to understand the notice requirements in your state – including how and when the state considers a notice served.
This is more timely than ever since in 2021 the USPS announced a number of changes to the mail system that is likely to delay notice delivery further.
Download the Notice Mailing Requirement Checklist
Mailing requirements for construction notices
Each state has a specific method of delivering notices through the mail, i.e. certified, registered, first-class, return receipt requested, and so on.
In addition to the means of service, the lien laws also provide (for the most part) when they consider service to be complete.
States generally approach service of construction notices in one of two ways:
- Served upon mailing
- Served upon actual receipt
Of course, there are a few outliers that don’t fit neatly into these two camps.
In an attempt to ease some of these concerns, we’ve compiled a list of states with lien notice service requirements, and when the notice is considered served.
*Note: many of these notices can also be personally served, but for the purposes of this guide we’ve focused on the mailing requirements. Additionally, notices that can only be served by personal delivery or through the Sheriff’s Office have been excluded.
States where notice is served upon mailing
In the following states, as long as the notice is mailed in the proper manner, the notice is considered served on the date the notice is deposited in the mail.
Arizona
- 20-Day Preliminary Notice: first-class mail (with a certificate of mailing), or by registered or certified mail, with the sender obtaining a certificate of mailing, receipt of registration, or receipt of certification
- Notice of Claim of Lien: registered or certified mail
- Note: when service of this notice is complete is unclear, assume upon actual receipt
Arkansas
- Pre-Construction Notice to Owner: certified mail with return receipt requested
- Notice to Owner/Contractor: certified mail with return receipt requested, restricted delivery to the addressee; or by any means that provides written third-party verification of delivery
- Notice of Intent to Lien: certified mail with return receipt requested, restricted delivery to the addressee; or by any means that provides written third-party verification of delivery
- Notice of Claim of Lien: certified mail with return receipt requested, restricted delivery to the addressee; or by any means that provides written third-party verification of delivery
*Note: if the notice is undelivered/refused, the notice should be sent immediately by first class mail, and the undelivered envelope from the initial service attempt is proof of compliance with the notice requirements
California
- 20-Day Preliminary Notice: registered or certified mail, express mail, or overnight delivery by an express service carrier
- Notice of Claim of Lien: registered or certified mail, or first-class mail, evidenced by a certificate of mailing
Colorado
- Notice of Intent: registered or certified mail with return receipt requested
Delaware
- Notice to Lien Holders: certified mail with return receipt requested
Georgia
- Notice to Contractor: filed & sent registered or certified mail, or by statutory overnight delivery
- Preliminary Notice of Lien Rights: registered or certified mail, or by statutory overnight delivery
- Notice of Claim of Lien: registered or certified mail, or by statutory overnight delivery
Idaho
- Notice of Claim of Lien: certified mail with return receipt requested
Indiana
- Pre-lien Notice to Owner: certified mail with return receipt requested
- Notice to Owner of Personal Liability: certified mail with return receipt requested
- Notice of Claim of Lien: sent by recorder’s office
Iowa
- Prime Contractor Preliminary Notices: certified mail with return receipt requested
- Subcontractor Notice of Lien Rights: posted on the Iowa Mechanics Notice & Lien Registry online
- Sub-Subcontractor/Supplier Notice of Lien Rights: certified mail with return receipt requested
- Notice of Lien Claim: sent by the online registry
Kentucky
- Notice to Owner: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Claim of Lien: no specific requirements, but should have proof of mailing, certified mail is recommended
Maine
- Notice to Owner: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Claim of Lien: no specific requirements, but should have proof of mailing, certified mail is recommended
Massachusetts
- Notice of Identification: certified mail with return receipt requested
- Notice of Contract: filed & sent certified mail with return receipt requested
- Notice of Subcontract: filed & sent certified mail with return receipt requested
- Notice of Claim of Lien: certified mail with return receipt requested
- Note: when service of this notice is complete is unclear, assume upon actual receipt
Michigan
- Notice of Furnishing: certified mail with return receipt requested
- Notice of Lien Claim: certified mail with return receipt requested
Mississippi
- Preliminary notice: registered or certified mail, statutory overnight delivery, or email with confirmed receipt
- Pre-lien notice (residential): no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Claim of Lien: registered or certified mail, or statutory overnight delivery
- Note: when service of this notice is complete is unclear, assume upon actual receipt
Missouri
- Notice to Owner: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Use of Equipment: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Intent to Lien: must be served personally
Montana
- Preliminary Notice: certified mail with return receipt requested
- Notice of Claim of Lien: certified mail with return receipt requested
- Note: when service of this notice is complete is unclear, assume upon actual receipt
Nebraska
- Preliminary Notice: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Claim of Lien: no specific requirements, but should have proof of mailing, certified mail is recommended
- Note: when service of this notice is complete is unclear, assume upon actual receipt
New Jersey
- Notice of Unpaid Balance & Right to Claim Lien
- Non-residential projects: filed
- Residential projects: filed and sent by both certified mail with return receipt requested AND regular mail
- Notice of Lien Claim Lien: by both certified mail with return receipt requested AND regular mail
New Mexico
- Preliminary notices: certified mail with return receipt requested, or by fax with acknowledgment
North Carolina
- Notice to Lien Agent: posted on LiensNC.com, or certified mail with return receipt requested, USPS delivery with signature confirmation, fax with acknowledgment, or email with confirmed receipt
- Notice of Contract/Subcontract: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Claim of Lien: no specific requirements, but should have proof of mailing, certified mail is recommended
Oklahoma
- Pre-lien Notice: no specific requirements, but should have proof of mailing, certified mail is recommended
- Notice of Claim of Lien: certified mail with return receipt requested, or if unable, posting on the job site
Rhode Island
- Notice of Intent to Lien: certified mail, return receipt requested
- Notice of Filing of Claim: certified mail, return receipt requested
- Note: when service of this notice is complete is unclear, assume upon actual receipt
South Carolina
- Notice of Furnishing: certified mail
South Dakota
- Notice of Furnishing: registered or certified mail
- Notice of Claim of Lien: registered or certified mail
- Note: when service of this notice is complete is unclear, assume upon actual receipt
Texas
- Monthly Notices: registered or certified mail
- Notice of Contractual Retainage: registered or certified mail
- Notice of Specially Fabricated Materials: registered or certified mail
- Notice of Claim of Lien: registered or certified mail
Utah
- Preliminary notices: posted on the Utah State Construction Registry
- Notice of Lien: certified mail
Washington
- Notice to Owner/Right to Claim Lien: registered or certified mail
- Notice of Claim of Lien: registered or certified mail
*Note: service is complete 3 days after mailing (excluding Sat, Sun, & legal holidays)
Wisconsin
- Prime Contractor Notice of Lien Rights: in contract or certified or registered mail, or some other method of with written confirmation of delivery
- Subcontractor Identification Notice: 2 copies by certified or registered mail, or some other method of with written confirmation of delivery
- Notice of Intent: certified or registered mail, or some other method of with written confirmation of delivery
- Notice of Claim of Lien: certified or registered mail, or some other method of with written confirmation of delivery
Wyoming
- Preliminary Notice of Right to Lien: certified mail with return receipt requested
- Notice of Intent to Lien: certified mail with return receipt requested
- Notice of Claim of Lien: certified mail with return receipt requested
- Note: when service of this notice is complete is unclear, assume upon actual receipt
States where notice is served upon mailing (but must prove delivery)
In these states, although the notice requirement is technically “met” when sent in the proper method, there’s a catch. Actual receipt is still required, and the burden is on the claimant to prove actual delivery.
Illinois
- 60-Day Notice: certified mail with return receipt requested and delivery restricted to the addressee only
- Notice of Intent to Lien: certified mail with return receipt requested and delivery restricted to the addressee only
- Notice of Claim of Lien: certified mail with return receipt requested and delivery restricted to the addressee only
Kansas
- Warning Statement: no specific requirements, recommend certified mail with return receipt requested
- Notice of Intent to Perform: filed & sent certified mail with return receipt requested
- Notice of Claim of Lien:
- GCs: both certified and regular mail
- All other claimants: personal service (in-state), or mail with delivery restricted to the addressee only (out-of-state)
States where service depends on delivery method
These states don’t necessarily fit into one category or the other. Under notice statutes in these states, the time when service is completed can vary depending on the method of delivery.
Florida
- Notice to Owner: registered, Global Express Guaranteed, or certified mail
- Service is complete upon mailing if sent within 40 days of first furnishing of labor or materials to the project
- Otherwise, upon receipt
- Service is complete upon mailing if sent within 40 days of first furnishing of labor or materials to the project
- Notice of Claim: registered or certified mail with return receipt requested, or second-day delivery
- Service is complete upon mailing
Lousiana
- Notice of Lien Rights: registered or certified mail; parties can also agree to email
- Notice of Nonpayment: registered or certified mail; parties can also agree to email
- Notice of Lease: registered or certified mail; parties can also agree to email
- Design Professional Notice: registered or certified mail; parties can also agree to email
*Note: if sent by registered or certified mail through USPS, service is complete upon mailing; if mailed by other means, service is complete upon actual receipt
Ohio
- Notice of Furnishing: certified or registered mail, or overnight delivery
- Upon mailing, however, if returned, then upon the first delivery attempt
- Notice of Claim of Lien: certified or registered mail, or overnight delivery
- Upon actual receipt, however, if returned, then when notice is posted on the job site
Pennsylvania
- Notice of Furnishing: posted on PA Construction Notice Directory
- Served when posted
- Notice of Intent to Lien: registered or certified mail, or first-class mail
- Upon actual receipt
- Notice of Filing of Claim: personal service, if unsuccessful, posted on the job site
- Upon actual receipt
Tennessee
- Notice to Owner:
- Certified mail, return reciept requested: rebuttable presumption of service within 3 business days
- Overnight commercial mail: rebuttable presumption of service within 1 business day
- Notice of Nonpayment:
- Certified mail, return reciept requested: rebuttable presumption of service within 3 business days
- Overnight commercial mail: rebuttable presumption of service within 1 business day
- Notice of Claim of Lien: certified mail, return receipt requested
- Service is complete upon actual receipt
States where notice is served upon actual receipt
In these states, service is only considered complete once the party actually receives notice. These notices require planning and sending as early as possible to counter any issues with delivery.
Alabama
- Notice to Owner: certified mail with return receipt requested
- Notice of Unpaid Lien: certified mail with return receipt requested
Alaska
- Notice of Lien Rights: certified mail with return receipt requested
Connecticut
- Notice of Intent: personal service by a marshal or other proper officer (in-town), registered or certified mail (out-of-town); if service/delivery fails then by publication in accordance with CT Gen. Stat. 1-2
- Notice of Claim of Lien: personal service by a marshal or other proper officer (in-town), registered or certified mail (out-of-town); if service/delivery fails then by publication in accordance with CT Gen. Stat. 1-2
Minnesota
- General Contractor’s Notice: in contract or by certified mail
- Lien Claimant’s Notice: certified mail
- Notice of Claim of Lien: certified mail
Nevada
- Notice of Right to Lien: certified mail with return receipt requested
- Notice of Intent to Lien: certified mail with return receipt requested
- The NV Supreme Court held that actual receipt is required for the Notice of Right to Lien, so it’s best practice to assume the same for the Notice of Intent.
New York
- Notice of Claim of Lien: certified mail, however, if returned, posted on the job site
North Dakota
- Notice of Intent: certified mail
Virginia
- Notice to Mechanics Lien Agent: registered or certified mail with return receipt requested (if not accepted, receipt showing delivery is prima facia evidence of service)
- Notice to Owner/Contractor: registered or certified mail with return receipt requested
- Notice of Mechanics Lien: registered or certified mail with return receipt requested
- Note: when service of this notice is complete is unclear, assume upon actual receipt
Washington DC
- Notice of Claim of Lien: certified mail, however, if returned, posted on the job site
West Virginia
- Preliminary notice: no specific requirements, recommend certified mail with return receipt requested
States where the service requirements are unclear
In these few states, when the service requirements for lien notices are met is unclear. Therefore, the best practice is to assume that actual receipt is required.
New Hampshire
- Preliminary/monthly notices: no specific requirements, recommend certified mail with return receipt requested
Oregon
- Information Notice to Owner: certified or registered mail with return receipt requested, or first-class mail with a certificate of mailing
- Notice of Right to Lien: certified or registered mail with return receipt requested
- Notice of Claim of Lien: certified mail with return receipt requested, or some other form of delivery with third-party verification of delivery
Additional resources about delivering construction notices
- How to Send Preliminary Notices if the Property Owner Lives Outside the US
- Can I Deliver Preliminary Notices by Hand?
- Can You Email Construction Notices? US District Court Says Yes
- What You Need to Track When Sending Preliminary Notice
- What Every Construction Business Must Know About Notices and Returned Mail