General Contractors don’t always have to send preliminary notice. Often, GCs are on the receiving end of preliminary notices sent by sub-tier parties like subcontractors and material suppliers. However, some states require GCs to send preliminary notice to the property owner and/or the construction lender. Check out the list below to see when general contractors need to send preliminary notice.
Alaska: 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.
Arizona: Arizona 20-day Preliminary Notice must be delivered to owner and construction lender within 20 days of 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: 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.
Florida: Must provide list of all subs and suppliers within 10 days of request.
Idaho: On residential projects, must give Residential Disclosure before entering contract for more than $2000.
Iowa: On owner-occupied residential projects, the GC must provide notice of lien rights and identity of subs to be used.
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Louisiana: Notice of Contract must be filed before work begins if a contract is more than $25,000.00.
Minnesota: Notice must be in contract, or served on owner within 10 days after work is agreed upon.
Mississippi: May need to provide a list of subs, if requested from owner.
Missouri: Disclosure notice served on owner prior to first payment.
Montana: 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.
North Carolina: Notice to Lien Agent required within 15 days of first furnishing labor and/or materials.
Oklahoma: None, but unclear if notice is required on owner-occupied projects – best practice to send.
Oregon: Information Notice to Owner is due at 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. This provides additional protections to the general contractor against potential lien claimants.
South Dakota: Optional notice of project commencement is due 30 days after commencement. Location Notice must be displayed at jobsite.
Tennessee: Notice to Owner must be sent prior to commencing work.
Texas: 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.
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. Model Disclosure Statement is due before work begins on all residential projects, and commercial projects under $60,000.
Wisconsin: 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.
Wyoming: 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.
