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What is a Preliminary Lien Notice?

A preliminary lien notice is not a lien. Many homeowners get confused quickly about this. It is a "preliminary" notice to lien if the bills have not been paid for your project. The preliminary lien notice would be filed by material suppliers or subcontractors that furnish material and/or labor for your project under the prime, or general contractor, so that they will have lien rights if not paid.

Definition of a preliminary lien notice | What states require a pre-lim lien notice to be filed? | ContractorHomePros.com

 

What States Require A Preliminary Lien Notice to be Filed?

Many states 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)
(7) Florida- Notice to Owner/Notice to Contractor-45 days from first furnishing
(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

If you recieve a preliminary lien notice, you need to execute lien releases.

This document is for informational purposes only and is not intended to replace legal counseling.


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