Notice of Commencement: What If You Miss the Deadline?

A notice of commencement is a document that formally announces when a construction project has started. It's filed by the property owner or general contractor in many (but not all) U.S. states to notify lien claimants—subcontractors, suppliers, and laborers—that they have a right to file a mechanic's lien if they don't get paid. The notice establishes the legal start date for lien-filing deadlines, and missing it or receiving improper notice can severely limit your ability to collect a lien in states where it's required.

What Is a Notice of Commencement?

A notice of commencement is a public record filed to mark the official start of a construction project. It serves as a formal notification to all potential lien claimants that construction has begun and establishes the date from which certain lien-filing deadlines are calculated. In states that require it, the notice must include the project location, owner name, general contractor name, and the date construction began. The document is typically filed with the county recorder, clerk, or equivalent authority in the jurisdiction where the project is located.

The notice itself doesn't create lien rights; instead, it marks the legal starting point for deadlines. Suppliers and subcontractors who receive proper notice of the project's start can calculate when they must file a lien to preserve their payment claim. In states without a notice requirement, project participants must track construction start dates differently—often through the project contract or first invoice date.

The notice of commencement is distinct from a preliminary notice (sometimes called a notice to owner). Some states require both, others only one, and some require neither. Understanding which applies in your state is essential: filing the wrong document or missing the filing window can leave you with an unenforceable claim if the owner or contractor disputes payment.

Who Files It and When?

In states where the notice of commencement is required, the property owner or general contractor is usually responsible for filing it. Timing varies: some states require it to be filed before construction begins, others allow filing within a set number of days after work starts (commonly 3 to 15 days). Missing that deadline can trigger penalties or, in some cases, invalidate the notice entirely, which then muddies lien rights for everyone on the project.

A general contractor might file the notice on behalf of the owner, or the owner might handle it directly. On larger commercial projects, the GC's project manager or the architect often manages this paperwork. For residential projects, the owner usually files it themselves or delegates the task to the contractor.

The filing is public: once recorded, anyone can look up the notice to confirm the official project start date. This is crucial for suppliers and specialty trades who join the project later. A rebar supplier brought on in month three of construction needs to know the official start date to calculate when their own lien filing deadline expires.

Why It Matters for Subcontractors and Suppliers

If you're a subcontractor, equipment rental company, specialty tradesperson, or material supplier, the notice of commencement affects your payment rights. Here's why:

It establishes the clock for lien deadlines. In many states, you must file your lien within a set number of days (often 30, 60, or 90 days) from either the date you last worked or supplied materials, OR from the date of the notice of commencement—whichever is later. If the notice is improperly filed or missing, these timelines become ambiguous, and you may lose the ability to file a lien if a dispute arises.

It defines which parties have lien rights. Not everyone on every project can file a lien, and the notice of commencement is part of the legal framework that determines who can. If you didn't receive notice and worked on a project anyway, a contractor's attorney might argue that your lien claim is invalid—even if you did the work and weren't paid.

It creates a paper trail. For AR and credit teams tracking payment risk, a properly filed notice of commencement is evidence that the legal framework for liens is in place. When collecting a delinquent invoice, you can show the notice as part of your documentation that a lien filing was a legitimate threat and a reason for the customer to prioritize payment.

State Rules Vary Widely—Protect Yourself with Deadlines

The requirements for a notice of commencement differ significantly across states. Some states mandate it; others make it optional but encouraged; still others don't use the concept at all. Within states that require it, deadlines and filing procedures vary.

Because state law varies, the safest approach is to verify the rules in your own state before relying on a notice of commencement. Assume that if the GC or owner doesn't file it, you should ask them about its status or whether your state requires it. If you work in multiple states, get familiar with the local rule in each region.

For construction firms, missing the notice filing is a common and costly mistake. A general contractor in one state might assume the filing isn't required (because it isn't in their home state) and overlook it on an out-of-state project, leaving all subcontractors and suppliers in a weaker legal position.

How to Protect Your Lien Rights

If you're a sub, supplier, or equipment company, here's a practical checklist:

1. Ask about the notice early. When you contract to work on a project, confirm with the GC or owner whether the jurisdiction requires a notice of commencement and whether it has been filed.
2. Document the project start date. Get the official date in writing—either from the notice itself, from your contract, or from a written project commencement confirmation from the GC.
3. Calculate your lien deadline. Once you have the start date, count forward to find your lien filing deadline. This is usually the number of days from your last day of work or supply, often with a backstop tied to the project start. Track this date prominently in your accounts receivable system.
4. Deliver a preliminary notice if your state allows it. In many states, sending a preliminary notice or notice-to-owner to the project payer before you begin work strengthens your lien claim if a dispute arises. This notice informs them that you're on the job and can file a lien if unpaid.
5. File your lien before the deadline expires. If you're not paid, file the actual mechanic's lien well before the deadline. Filing at the last minute risks procedural errors or timing disputes.

For AR and credit teams, the same diligence applies: before shipping on net terms to a new construction customer, confirm that the project is in a state where your company can file a lien and that the customer has followed the notice-filing rules.

Tools like LienWarden can automate much of this tracking. The platform monitors every construction lien deadline in all 50 states and alerts you before your deadline approaches. It can draft and deliver lien notices and payment demand letters directly—either emailed or sent USPS Certified Mail for a flat $19 per document. Use the free deadline lookup to check your own state's rules, or explore paid plans starting at $12.99/month to track multiple projects and jurisdictions, taking deadline management off your team's plate.

Frequently Asked Questions

Can I file a lien if I never received the notice of commencement?

This depends on your state and the specific circumstances. In some states, the notice is required and failure to receive it is a defense against your lien. In others, failure to file the notice doesn't erase your right to file a lien—it just means the deadlines may be measured differently. A contractor's lawyer might argue either way depending on the state and the facts. The safest move is to act as though the deadline applies regardless: file your preliminary notice (if your state allows it) and track your lien deadline from the earliest date you can confirm (usually your first work or supply date, or your contract date).

What happens if the notice of commencement has the wrong date?

If the filing date or project start date on the notice is wrong, the entire deadline timeline can shift. A contractor might claim that your lien was filed too late because it was filed 65 days after the (incorrect) start date, while your state's deadline is 60 days. This is a common source of lien disputes. If you spot an error in the filed notice, contact the filing party and ask for a corrected filing. Document the discrepancy and get confirmation of the correct date. This is another reason to verify project dates directly with the GC rather than relying solely on the recorded document.

Do all states require a notice of commencement?

No. Some states require it, some allow it but don't require it, and some don't use the mechanism at all. Mechanics lien law is state-specific, so the framework you're familiar with in one state may not apply in another. Before starting work in a new state or region, check the local lien law or consult with a construction attorney familiar with that jurisdiction.

If I'm an equipment rental company, does the notice of commencement affect my lien rights?

Yes. Equipment rental companies have mechanics lien rights in most states—meaning if you lease equipment to a project and aren't paid, you can file a lien against the property. The notice of commencement establishes the project timeline just as it does for subcontractors and material suppliers. Track the notice date so you calculate your own lien filing deadline correctly.