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Preliminary Notices 101: The Paperwork That Protects Every Invoice

No document in construction is more misunderstood than the preliminary notice. It isn't a lien. It isn't a threat. It's an information document — and in many states, it's the legal price of admission for lien rights.

What it actually is

A preliminary notice (also called a pre-lien notice, Notice to Owner, 20-day notice, or monthly notice depending on the state) tells the property owner — and usually the general contractor and construction lender — that your company is furnishing labor or materials to their project. That's it. Its legal function is to preserve your right to lien later; its commercial function is to make sure the people writing checks know you exist.

Who has to send one

The general rule: the further you are from the owner's contract, the more likely notice is required. Subcontractors and suppliers — parties the owner may never have heard of — are the primary targets of notice statutes. Several states require them from general contractors too. Suppliers to subcontractors sit in the highest-risk tier; suppliers to suppliers often have no lien rights at all.

Timing, by philosophy

What skipping it costs

In strict states, skipping notice kills the lien entirely, no matter how legitimate the debt. In partial states, you keep rights only for work close to a late notice. Courts almost never forgive: notice statutes are enforced mechanically.

Why the pros send them on every job

Beyond the legal preservation: projects with notices on file get paid faster and fight less. Owners and lenders track who has preserved rights; when money gets tight on a project, documented claimants move up the payment list. A notice costs minutes and a stamp. The alternative costs the invoice.

LienWarden prepares and sends preliminary notices for a flat $19 — USPS Certified Mail with tracking, prepared from your project facts at your direction. Or compute your window free in the calculator. General education, not legal advice.

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