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Iowa Notice Requirement

After looking at Iowa's preliminary notice requirements - I would expect that, particularly on larger projects, prime subcontractors would almost always have provided that basic info (name, address, and phone) to the GC on behalf of their second-tier subs. Assuming they didn’t, the Iowa statute (572.33 sub 2) appears sufficiently vague to cover just about any single correspondence the second-tier sub would have with the GC (submittals, statements of value, invoices, heck…even email signatures). Wouldn’t you agree?

1 reply

Apr 2, 2020

Iowa's preliminary notice requirements under Iowa Code § 572.33 are extremely simple. The only real requirements are that the notice be provided to the GC or owner-builder in charge of the project, the notice must be in writing, and it must include the name, mailing address, phone number, and the name of the sub who hired you. And, of course, that notice must be given within the sender's first 30 days of furnishing labor or materials. With that being said, it's never a good idea to rely on a customer to fulfill your notice requirements for you. Even if there's a sound relationship and a lot of trust there, it will always be a much safer option to have notice sent yourself. Lien rights are too important. Additionally, the requirement isn't that the GC is aware of the sub-sub's information or receives it by chance. Rather, the statute calls for the sub-sub to notify the GC in writing. So, even where the GC has that information at hand, there's a sound enough argument that requirements aren't fulfilled when the sub-sub doesn't actively notify the GC with a written notice. Further, the chances are pretty decent that some piece of the required information might not be conveyed within those first 30 days, at least on some projects. For more on Iowa's notice requirements: Iowa Preliminary Notice Guide and FAQs.

Sending preliminary notices helps to prevent payment problems before they ever occur

Finally, keep in mind that notices aren't just a utility to preserve mechanics lien rights. Instead, the use of preliminary notices actually works to prevent payment issues from happening in the first place. When done right, prelims will announce to recipients that you're working on the job, they'll open effective lines of communication, and they'll promote a transparent and collaborative atmosphere. So, actively sending a preliminary notice will be the safest way to make sure that the notice requirements are met. Plus, it will minimize the chances that a mechanics lien claim will actually need to be used. As a last and final note, these preliminary notice resources should be useful: - 4 Reasons Why Sending Preliminary Notices Is Just Smart Business - Why You Should Send Preliminary Notice Even If It’s Not Required - Preliminary Notices FAQs & Resources

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