Sometimes subcontractors need legal protection to ensure they get paid for their work. That’s where mechanic’s liens come in. Filing a mechanic’s lien is a multi-step process involving two other documents that are often confused—preliminary notices and notices of intent to lien.
If you’re new to the world of lien rights, this article will answer any questions you have about a preliminary notice vs. a notice of intent to lien. It covers:
The definitions and differences of each
When each should be used
State requirements for both types of notices
Information to include in your notices
Best practices for managing notices across projects
What are the differences between a preliminary notice and a notice of intent?
Yes, both of these documents are notices involved in the mechanic’s lien process. And they contain fairly similar information. However, they do serve different purposes.
Preliminary Notice
A preliminary notice (a.k.a. notice to the owner or notice of furnishing) is a legal notice that informs the property owner, GC, and other parties with a financial interest in the property, that:
you’re involved in the project, and
you have a right to file a lien if you’re not paid for your services.
Notice of Intent to Lien (NOI)
A notice of intent to lien (a.k.a. intent notice or notice of non-payment) is a warning that you intend to place a lien on a property if you don’t receive payment within a specific number of days.
To make it simple, a preliminary notice secures your right to payment. A NOI is a demand for payment.
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When should you send a preliminary notice or a NOI?
Timing is everything, especially in the world of construction documents. Each of these notices should be sent at specific times relative to the project and its billing cycles.
Preliminary notices are routine letters sent at the start of each project. They’re not always required, but we recommend making them a regular part of your billing processes. Doing so will lead to faster payments, improved visibility, and better communication.
Notices of intent are warning letters sent as the last step before filing a lien. Like preliminary notices, they’re only required in certain circumstances. However, they can be an effective way to generate payment without actually filing a lien.
You’re not always required to send these documents. However, we recommend incorporating them into your billing workflow. It’s a best practice that will lead to healthier financials.
Which states require preliminary notice and intent to lien letters?
State requirements for preliminary notices and notices of intent vary. The states that do require them have different guidelines depending on whether:
It’s a public, commercial, or private project
Service is provided by a first or second-tier sub
The project value exceeds a certain amount
Guidelines typically dictate when a notice is required, who you must send it to, and how many days you have to send it. Thirty-one states require subs to send preliminary notices at least some times. A few more states require notices from GCs. Only 14 states require you to send a notice of intent to lien for private projects. No states require NOI letters for public projects.
The table below provides a general summary of state requirements.
Note: The requirements listed are not exhaustive, and state laws may change. Checking your state’s requirements with a local authority is always a good idea.
State
Preliminary Notice Required
Specific PN Requirements
NOI Required
Specific Requirements
Alabama
Yes
Only required for private projects; must send to property owner before work begins
Yes
Required from subs who didn't contract directly with owner; must send any time before filing a lien
Alaska
No
n/a
No
n/a
Arizona
Yes
Required from all subs for private projects; only required from second-tier subs for public projects; must send to GC within 20 days
No
n/a
Arkansas
Yes
Only required for private projects; must send notice to owner and GC within 75 days
Yes
Required for all private projects; must send 10 days before filing a lien
California
Yes
Required for all projects; must send to public entity, prime contractor, and surety within 20 days
No
n/a
Colorado
No
n/a
Yes
Required for all private projects; must send at least 10 days before filing a lien
Connecticut
No
n/a
Yes
Required for all private projects; must send within 90 days of finishing work
Delaware
No
n/a
No
n/a
Florida
Yes
Required for all projects from any party not hired directly by the GC (public) or property owner (private); must send to owner or GC within 45 days
No
n/a
Georgia
Yes
Only required if it is requested or if a notice of commencement was filed; must send within 30 days to the owner and prime contractor (private) or original contractor (public)
No
n/a
Hawaii
No
n/a
No
n/a
Idaho
No
n/a
No
n/a
Illinois
Yes
Only required for single-family owner-occupied residential projects; must send to property owner and mortgage lender within 60 days
Yes
Required for all private projects; must be sent within 90 days of finishing work
Indiana
Yes
Only required for owner-occupied residential projects; must send to property owner within 60 days for new construction or 30 days for renovation projects
No
n/a
Iowa
Yes
Only required by second-tier subs for public projects; required by all subs for owner-occupied residential projects; must send to owner or GC (commercial), prime contractor (public), or owner (private) within 30 days
No
n/a
Kansas
No
n/a
Yes
Only required for new residential projects; must send to property owner
Kentucky
Yes
Only required for private projects; must send to owner within 75 days for projects under $1,000 or 120 days for projects over $1,000
No
n/a
Louisiana
No
n/a
No
n/a
Maine
No
n/a
No
n/a
Maryland
No
n/a
Yes
Only required for private projects; must be sent within 120 days of finishing work
Massachusetts
Yes
Only required for private projects from second-tier or lower subs; must send to GC within 30 days
No
n/a
Michigan
Yes
Required from all subs on private projects and second-tier subs on public projects; must send to owner and GC within 20 days (private) or GC and public entity within 30 days (public)
No
n/a
Minnesota
Yes
Only required for private projects; must send to owner within 45 days
No
n/a
Mississippi
Yes
Only required for private projects; must send to GC within 30 days
Yes
Only required for single-family residential projects by parties not contracted directly by property owner; must send to owner 10 days before filing a lien
Missouri
Yes
Only required for residential projects; must send to owner 10 days before filing a lien
Montana
Yes
Required from all subs for private projects; only required from second-tier subs for public projects; must send to GC within 30 days (public) or file with county clerk and deliver to owner within 20 days (private)
No
n/a
Nebraska
No
n/a
No
n/a
Nevada
Yes
Required from all subs for private projects; only required from second-tier subs for public projects; must send to owner and GC within 30 days
Yes
Only required for residential projects; must be sent 15 days before filing a lien
New Hampshire
Yes
Required for all private projects; must send monthly notice to owner
No
n/a
New Jersey
No
n/a
No
n/a
New Mexico
Yes
Only required for private projects over $5,000; must be sent to owner or GC within 60 days
No
n/a
New York
No
n/a
No
n/a
North Carolina
Yes
Required for public and private projects; must be sent to GC within 15 days (private) or 75 days (public)
No
n/a
North Dakota
No
n/a
Yes
Only required if not hired directly by owner; must send at least 10 days before filing a lien
Ohio
Yes
Required for all public and private projects; must send to GC within 21 days
No
n/a
Oklahoma
Yes
Only required for private projects over $10,000; must be sent to owner and GC within 75 days
No
n/a
Oregon
Yes
Only required for private projects; owner, mortgagee, or other interested party within 8 days
No
n/a
Pennsylvania
No
n/a
Yes
Required from all subs if not hired directly by the property owner; must be sent at least 30 days before filing a lien
Rhode Island
No
n/a
No
n/a
South Carolina
No
n/a
No
n/a
South Dakota
Yes
Only required for private projects; must send to GC and owner within 60 days
No
n/a
Tennessee
Yes
Required for all private projects; must send monthly notices to owner and GC within 90 days of the last day of each month
No
n/a
Texas
Yes
Required for all projects from all subs not hired directly by the owner; must send monthly notice to GC and/or surety (public) or owner and prime contractor (private)
No
n/a
Utah
Yes
Required for public and private projects; must file with the State Construction Registry within 20 days
No
n/a
Vermont
No
n/a
No
n/a
Virginia
Yes
Only required for residential projects with one or two units when the owner identified a lien agent; must be sent to the lien agent within 30 days
No
n/a
Washington
Yes
Only required if you provide labor and materials (or materials only); must send to prime contractor or GC within 60 days
No
n/a
West Virginia
No
n/a
No
n/a
Wisconsin
Yes
Required for public and private projects; must sent to owner (private) or GC (public) within 60 days
Yes
Required for all private projects; must be sent at least 30 days before filing a lien
Wyoming
Yes
Required for public projects over $150,000 and all private projects; must send to GC within 60 days (public) or owner/owner's agent within 30 days (private)
Yes
Required for all private projects; must send 20 days before filing a lien
What information must preliminary notice and NOI letters include?
Some states have specific verbiage that you must add to your preliminary notice and NOI letters. In general, you want to include the following information.
Preliminary Notice:some text
Your name, address, and phone number
Name, address, and phone of the company that hired you
The full property address
Description of your scope in the project
Name, address, and phone number of the GC, property owner, and lender
Signature
Notice of Intent:some text
Your name, address, and phone number
Name, address, and phone of the company you’re demanding payment from
The full property address
Description of services provided
Total payment due
Number of days until you file a lien
Signature
What best practices can subs use to manage preliminary notices and notices of intent?
With so many different rules and circumstances, managing these notices can seem like a lot. There are a few best practices that can make the process a little bit easier.
Notify everyone: Make preliminary notices a standard document for all projects. Send it promptly upon starting labor. Notifying all interested parties that you’re involved in the project reduces the risk of payment disputes down the road.
Review regulations: Check specific state regulations at the start of every project. Some states may require you to file your notices with the county clerk or state registry. Others only allow a designated delivery method like certified or registered mail.
Update your A/R process: Timing is everything when it comes to a notice of intent. You need a tight A/R process that allows for multiple collection attempts and sending the NOI letter all before your lien rights expire. Documenting your A/R workflows will help you identify exactly when you need to send an NOI without compromising your lien rights.
Siteline’s A/R Reporting gives subcontractors visibility into outstanding payments across all projects, alerting you when it's time to pursue overdue balances. By keeping tabs on your receivables, you can tackle payment holdups and reduce invoice aging by at least 30%.
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