What Is a Preliminary Notice (and When to Send It)?

A preliminary notice tells owners, GCs, and lenders that you are furnishing labor or materials. People also call it a prelim or notice to owner.

Sending it on time helps preserve your mechanics lien rights in many states. It also keeps your payment paperwork clean. The rules and deadlines vary by state.

Why does a preliminary notice matter?

A prelim cuts surprise and shows owners who is on site. It also protects your path to payment if problems come up.

• Helps preserve your right to file a lien if you go unpaid
• Improves visibility for owners and lenders, so fewer holdbacks
• Creates a documented start date for your work

Who sends it, and to whom?

Subcontractors and suppliers are most often required to serve prelims. Some states also require GCs to serve one.

• The owner or the owner's agent
• The general contractor
• The lender, if there is one

Confirm the exact parties from the contract, permit, or recorded notice of commencement.

What are the deadlines for a preliminary notice?

Timing is set by state law, but the pattern is the same. You serve the notice early, soon after you first furnish labor or materials.

• Deadlines run from your first delivery or work, and vary by state
• Late service may limit rights to work furnished after the notice
• In strict states, late service can forfeit your rights entirely
• Keep proof of mailing and the exact service dates

Confirm your state's statute and contract terms before you rely on any window.

What should a preliminary notice include?

Be specific and stay consistent with your contract and pay apps. Small mismatches cause big delays.

• Project name and job address
• Owner, GC, and lender legal names
• Your legal entity, license number if required, and contact info
• A description of the labor or materials you will furnish
• Estimated amount if required, and your first furnishing date
• Any required statutory warnings or disclosures

How do you serve it and keep proof?

Follow your state's approved service methods and keep every receipt. Proof of service is what makes the notice count.

• Use certified mail with return receipt or another approved method
• Retain mailing receipts, tracking, and signed cards
• Log service dates and recipients in your project record

When should you send a preliminary notice?

Send it as early as you can on any job that may need lien protection. Do not wait to see if payment goes smoothly.

Subs and suppliers should treat it as routine on most jobs. Send it the moment you have a contract and a first furnishing date. If you are unsure your state requires one, send it anyway.

• You are a sub or supplier on a project
• The job is large or the owner or GC is new to you
• Your state requires a prelim to keep lien rights
• You want owners and lenders to know you are on site

What are common preliminary notice mistakes?

Small gaps can undermine your rights. Tighten these early.

• Missing recipients, so verify owner, GC, and lender names and addresses
• Late service, so set reminders from your first furnishing date
• No proof, so keep mailing receipts and delivery confirmations
• Wrong entity names, so match legal names on contracts and permits

How does software help you track prelims?

Contractor software like Werx centralizes documents and dates so compliance does not slip. Prelim tracking becomes part of your billing workflow.

• Attach prelim notices and proof of service to the project
• Track compliance items with your pay apps and lien waivers
• Collect online payments and sync billing to QuickBooks Online

Key takeaways

• A preliminary notice announces that you are furnishing labor or materials
• Sending it on time helps preserve lien rights, and deadlines vary by state
• Serve the right parties early and keep proof of service
• Werx stores prelims, proof, and pay apps in one project record