Glossary

What is a preliminary notice in construction and why does it matter for lien rights?

Plain definition

A preliminary notice (also called a notice to owner, prelim, or 20-day notice) is a written document that a subcontractor, supplier, or lower-tier contractor must serve on the property owner and general contractor within a defined window — usually 20 days of first furnishing labor or materials — to preserve the right to file a mechanics lien.

Preliminary notices exist to alert property owners that a specific subcontractor or supplier is working on their property. Without the notice, the owner may pay the general contractor in full and have no idea that a lower-tier party has an unpaid claim. Most states require the notice as a prerequisite for lien rights — miss the deadline and you may forfeit your ability to file a mechanics lien regardless of how legitimate your claim is.

The deadline varies by state and by role: in California, unlicensed contractors and material suppliers must serve a 20-day preliminary notice on the owner, GC, and construction lender within 20 days of first furnishing. In Texas, an original contractor (first-tier) has no preliminary notice requirement; second-tier and below must send monthly notices by the 15th. Know your state's specific rules.

Best practice is to serve the preliminary notice on every commercial project as a matter of course — not only when payment problems emerge. The notice is inexpensive, takes minutes to prepare, and preserves rights worth many times the filing cost. Suppliers and subcontractors that skip the notice because the GC 'seems reliable' frequently discover they have no lien rights when the GC later fails to pay.

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