Disclaimer: The information on this webpage is NOT the same as legal advice. SunRay Construction Solutions, LLC is not an attorney or a law firm. We recommend that you consult with an attorney.
What is a Preliminary Notice?
A Preliminary Notice is a construction notice that subcontractors or material suppliers must file at the start of a construction job in order to secure their right to later file a Mechanics Lien – and so to ensure that they are paid for their work.
Which states Require Preliminary Notices in order to Secure your lien rights?
A Notice/Fund Trapping notice state requires you to send a notice before a job starts, within a specific period of time, or after the job is completed. Each state calls their Notices something different and generally has a different time period in which to send the notice.
(1) Alabama-Notice to Owner (Prior to Performance)
(2) Alaska- Notice of Right to Lien (PRIOR TO FURNISHING)
(3) Arizona-Preliminary Twenty Day Lien Notice
(4) Arkansas- Pre-Construction Notice to Owner (RESIDENTIAL PROJECTS, PRIOR TO PERFORMANCE OF WORK)
(5) California- Preliminary Notice, Twenty days from last furnishing
(6) Colorado-Prior to furnishing (Fund Trapping Notice)
(8) Georgia- Notice to Contractor-30 days from first furnishing
(9) Indiana- Pre-Lien Notice to Owner RESIDENTIAL ONLY
(10) Iowa- 30 days from first furnishing
(11) Kansas- Warning Statement for Pr-existing residential property. Notice of Intent to perform on new residential property. PRIOR to Performance
(12) Louisiana-Click here to see rules
(13) Massachusetts- Notice of Identification-30 days from first furnishing
(14) Michigan- 20 days from first furnishing
(15) Montana- 20 days from last furnishing RESIDENTIAL ONLY
(16) Nevada- Notice of Right to lien-31 days from first furnishing labor or material
(17) New Hampshire- Notice of Lien Rights-30 days from first day furnishing materials
(18) New Jersey click here to see rules
(19) North Carolina-Notice to Lien Agent-15 days from signing contract
Notice of Public Subcontract-As soon as possible to trap funds
Notice of Subcontract As soon as possible to trap funds
(20) Ohio- 21 days from first furnishing COMMERCIAL ONLY
(21) Oregon-8 business days of first furnishing
(22) South Carolina-notice of Furnishing Labor and Materials Before the job starts
(23) Tennessee- Notice of Nonpayment-90 days of the last day of each month within which labor or work was provided or materials services
(24) Texas-2nd month bond notice, 2nd month notice, 3rd month bond notice, 3rd month fund trapping notice
(25) Utah- 20 days from first furnishing
(26) Virginia- Preliminary Notice, Two family residential dwelling units-Within 30 days of first furnishing
(27) Washington-60 days from first furnishing COMMERCIAL
10 days from first furnishing RESIDENTIAL
(28) Wisconsin- Subcontractor Identification Notice-60 days of first furnishing
National Map of Preliminary Notice Requirements
Is a Preliminary Notice necessary?
If you want to be able to file a lien against a property in order to secure your rights to get paid, you will usually need to first file a Preliminary Notice.
It is the first step in a process that allows you to demand payment for your work in the event that you are not paid.
Preliminary Notice form
Who should request a Preliminary Notice?
You should send a Preliminary Notice if you are a subcontractor or materials supplier on a construction project and you are working directly for anyone other than the owner of the property.
The notice should be sent to the prime contractor or the property owner, and will safeguard your right to file a mechanics lien on the property should any payment disputes arise.
How do I sign up with SunRay?
With Sunray Construction Solutions, LLC filing your notices couldn’t be easier! You have two options:
1. You can fax your requests to our office or
2. You can create an online account and submit your Notices to Owner online!
How much does it cost?
Simply fill in a Preliminary Notice form and we’ll do the rest for you.
Our flat fee of $30.00 plus postage everything required in preparing, delivering and tracking your notices, including:
- Researching the property owner, legal property description, NOCs (If applicable), and Bonding Information
- Delivering the notice
- Tracking delivery and obtaining a certified delivery receipt
- Our System allows you to Track YOUR deadlines
- Retaining records of all notices on our database for easy future access
New to SunRay? Call us at 877-564-4404… We promise you won’t get a voice recorder! We are customer service and support friendly!