Why Preliminary Notices Matter
Prelims reduce surprise, help owners confirm who’s on site, and protect your right to secure payment if problems arise.
- Preserves your ability to file a mechanics lien if unpaid (where required)
- Improves visibility for owners/lenders → fewer pay-app holdbacks
- Creates a documented start date for your participation
Who Sends It—and To Whom?
Subcontractors and suppliers are most often required to serve prelims; some states also require GCs. Recipients typically include:
- Owner (or owner’s agent)
- General Contractor
- Lender (if applicable)
Tip: Confirm exact parties from the contract, permit, or a recorded Notice of Commencement (where used).
Deadlines & Timing (High-Level)
Timing is jurisdiction-specific, but the pattern is similar: serve the notice early—often within a set number of days after first furnishing labor or materials.
- Common windows: 10–30 days after first delivery/work (varies)
- Late service may limit rights to work furnished after the notice—or forfeit rights entirely
- Keep proof of mailing/service and exact dates
Always check your state’s statutes and contract terms.
What to Include in a Preliminary Notice
Be specific and consistent with your contract and pay apps.
- Project name and job address
- Owner, GC, and lender (legal names)
- Your legal entity, license # (if required), contact info
- Description of labor/materials you’ll furnish
- Estimated amount (if required) and first furnishing date
- Any required statutory warnings or disclosures
Service Method & Proof
Follow your jurisdiction’s approved service methods and keep receipts.
- Certified mail/return receipt or other approved service
- Retain mailing receipts, tracking, and signed green cards
- Log service dates and recipients in your project record
Tie Notices to Billing & Compliance
Make prelim tracking part of your normal billing workflow.
- Track prelim status alongside AIA/progress pay apps and lien waivers
- Update contacts if ownership or lender info changes
- Store copies with your project record for closeout
Common Pitfalls (and Easy Fixes)
Small gaps can undermine your rights—tighten these early.
- Missing recipients: verify owner/GC/lender names and addresses
- Late service: set reminders based on your first furnishing date
- No proof: keep mailing receipts and delivery confirmations
- Wrong entity names: match legal names on contracts and permits
How Werx Helps You Stay On Top of Prelims
Werx centralizes documents and dates so compliance doesn’t slip.
- 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
FAQs About Preliminary Notices
Do all states require a preliminary notice?
No. Many do, especially for subs and suppliers, but details vary. Check your state’s rules and your contract.
What’s the difference between a Preliminary Notice and a Notice of Commencement?
A Preliminary Notice is served by contractors/subs to announce participation; a Notice of Commencement is usually recorded by the owner/GC to start the project timeline and list key parties.
Can I send a prelim late?
Sometimes—but your lien rights may be limited to work after the service date, or lost entirely in strict jurisdictions. Serve as early as possible and keep proof.
TL;DR Recap
- Serve prelims early to preserve lien rights (where required)
- Send to owner, GC, and lender; use correct legal names
- Keep proof of service and log dates
- Werx stores notices with pay apps, waivers, and project docs
