What is a preliminary notice in construction. A plain-English guide for 2026

Q: Who has to send a preliminary notice?

In most states, subcontractors and material suppliers who don't have a direct contract with the owner. General contractors usually don't need to send one because their contract already puts the owner on notice, but a handful of states require GCs to send one too.

Q: What's the deadline for a preliminary notice?

It depends on the state. California gives you 20 days from first furnishing labor or materials. Florida gives you 45 days. Arizona and Utah both use a 20-day rule. Texas uses a monthly notice rule instead. The deadline runs from the date you first showed up on the job, not from the date you finished.

Q: What happens if I miss the preliminary notice deadline?

In most states, you lose the right to file a mechanic's lien for any work done before you finally send the notice. Some states like California let the notice still apply going forward, so the lien only covers work performed in the 20 days before you sent it. Either way, you give up money you'd otherwise be able to recover.

Q: Is a preliminary notice the same as filing a lien?

No. A preliminary notice is a pre-claim notice, not a lien. It tells the owner you're on the job. The mechanic's lien itself is a separate filing that happens later if you don't get paid. The preliminary notice just keeps the lien option open.

Q: Does every state require a preliminary notice?

About 40 states do, in some form. The name and the deadline change from state to state. Florida calls it a Notice to Owner. Georgia calls it a Notice to Contractor. Texas calls it a Fund Trapping Notice. The underlying purpose is the same. Put the owner on notice you exist.

A preliminary notice tells the owner and GC you're on the job, so you can file a lien later if the money stops. Here's who sends one, by when, and what happens if you skip it.

The LienDone teamMay 10, 20267 min read

Construction subcontractor reviewing paperwork on a job site clipboard with a partially framed building in the background

A preliminary notice is the cheapest insurance policy in construction.

Send it on time and you keep the right to file a mechanic's lien for the next year or two if the GC stops paying. Forget to send it and the lien you'd file in three months won't hold up, no matter how much money you're owed.

This post explains what a preliminary notice actually is, who has to send one, the deadlines in the states that matter most, and what it costs to miss them. About 40 states require some version of this notice, and the rules vary enough that "I sent one in California" doesn't help you in Florida.

What a preliminary notice actually is

A preliminary notice is a written, pre-claim notice that a subcontractor or supplier sends to the property owner, the general contractor, and sometimes the construction lender. It happens at the start of the job, not at the end.

The notice doesn't make a payment demand. It doesn't accuse anyone of anything. It just says: I'm working on your project, here's what I'm providing, and if I don't get paid, I'm keeping the right to file a lien against the property.

Most states treat preliminary notice as a precondition for a valid mechanic's lien. No notice, no lien. The Wikipedia overview lists 40 states that require it in some form, with names ranging from "20-day notice" to "notice to owner" to "fund trapping notice." Same idea, different statutory label.

The reason owners and lenders want the notice is simple. They want to know who's on the property, so they can structure payments to make sure those parties actually get paid by the GC. The owner doesn't want to pay the GC, watch the GC pocket the money, and then face a lien from a sub they never knew existed.

Who has to send one

Three rules of thumb cover most of the country.

Subcontractors and suppliers without a direct contract with the owner: yes, you almost always have to send one. You're the party owners don't know about.
General contractors with a direct contract: usually no. Your contract puts the owner on notice. A few states (Florida and Texas in some cases) still want a notice from the GC anyway.
Sub-subcontractors and second-tier suppliers: yes, in almost every state. You're even further removed from the owner than a first-tier sub.

If you're hauling concrete to a job, fabricating cabinets in a shop and shipping them in, or running a small framing crew under a sub, you're the audience this rule was written for. The owner has no way to know you exist unless you tell them.

The simplest test: ask "does the owner know my company name?" If the answer is "probably not, they signed with the GC," you need to send a preliminary notice. For more on how this fits into a sub's overall paperwork stack, our subcontractor lien waiver guide walks through what comes before and after the notice.

State-by-state deadlines (the four that matter most)

The deadline always runs from the date you first furnished labor or materials, not from completion. Get the start date wrong and you'll miss the window.

California: 20 days from first furnishing. Send by certified mail to the owner, the GC, and the construction lender. Notices sent late still help, but they only cover work done in the 20 days before the notice went out. See California Civil Code §8200 for the statutory language.
Florida: 45 days from first work on site. Florida calls it a Notice to Owner under Fla. Stat. §713.06. Miss it and your lien rights on any work performed before the notice are gone.
Arizona: 20 days from first furnishing. Send to the owner, GC, and any construction lender of record. The notice has a strict statutory format under A.R.S. §33-992.01.
Texas: a monthly notice rule. You send a notice for unpaid amounts by the 15th day of the second or third month after the month you provided the labor or materials, depending on tier. The deadline rolls every month the bill stays unpaid.

A handful of other deadlines worth knowing: Utah uses a 20-day rule, Georgia uses 30 days, Virginia uses 30 days, and Washington uses 60 days for commercial work but 10 days on public projects. The National Lien & Bond state guide lists every state's rule if your job is outside this list.

If you work in California specifically, our California lien waiver requirements guide covers the related paperwork stack you'll send once payment starts moving.

What happens if you miss the deadline

Three things, in escalating order of pain.

First, the lien you'd otherwise file becomes legally invalid. The owner's lawyer will move to discharge it on the first hearing, and the court will agree. The lien comes off the property and the pressure to pay you goes with it.

Second, you lose the ability to use the lien as collection pressure. A valid mechanic's lien is the only payment lever a sub has that an owner can't ignore. Without it, you're a general creditor like a credit card company. You can sue, but you're in line behind the bank, the IRS, and everyone else with a lien on the property.

Third, you set a pattern. GCs and owners who learn that your shop misses preliminary notice deadlines treat you as a soft credit risk. The next job they call you for, they'll wait longer to pay you. The notice isn't just legal protection. It's a signal you're a professional shop that handles paperwork.

The cost to send a preliminary notice is somewhere between $5 and $50 per notice depending on how you do it. The cost of missing one is the full unpaid invoice, plus the legal fees you'll spend trying to recover it some other way. Send the notice.

How LienDone fits the picture

LienDone is lien waiver software, not preliminary-notice software. The two pieces of paperwork sit on opposite ends of the payment cycle.

Preliminary notice goes out at the start of the job to keep your lien rights alive. Lien waivers go out with each payment to release those same rights in exchange for money cleared. If you're a GC, our subcontractor compliance software tracks the waiver side: you send the link, the sub signs, the PDF lands in your dashboard the moment payment clears.

If you're a sub, our intent to lien letter guide covers the next escalation step after preliminary notice when payment actually goes late. The notice of completion guide covers the closeout notice that triggers the final lien-filing window.

The cleanest pattern for any sub: send preliminary notice on day one, sign conditional lien waivers as each progress payment lands, sign the unconditional final waiver after the last check clears, and never file a mechanic's lien because you never had to.

The takeaway

A preliminary notice is the smallest piece of paperwork in construction that decides whether you get paid. Send it within your state's deadline. Send it to every party your state's statute names. Keep the proof of service.

The notice itself takes five minutes once you have a template. The job it protects is worth thousands. The math is uncomplicated.

FAQ

What is a preliminary notice in construction?

A preliminary notice is a written notice a subcontractor or supplier sends to the owner, GC, and sometimes the lender at the start of a job. It preserves the right to file a mechanic's lien later if payment never arrives.

Who has to send a preliminary notice?

Subcontractors and material suppliers without a direct contract with the owner, in most states. GCs usually don't need to, but a few states require it from them too.

What's the deadline for a preliminary notice?

It depends on the state. California is 20 days from first furnishing. Florida is 45. Arizona and Utah are 20. Texas uses a monthly notice rule.

What happens if I miss the preliminary notice deadline?

You lose the right to file a mechanic's lien for any work done before you eventually send the notice. In a few states, the notice still applies going forward, but you've already given up the earlier portion of the job.

Is a preliminary notice the same as filing a lien?

No. The preliminary notice is a pre-claim notice. The mechanic's lien is the actual filing that happens later if you don't get paid.

Does every state require a preliminary notice?

About 40 states do. The name and deadline change from state to state. Florida calls it a Notice to Owner. Georgia calls it a Notice to Contractor. Texas calls it a Fund Trapping Notice. Same purpose, different statute.