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Preliminary Notice of Lien FAQWhat is a notice of preliminary notice of lien claim?

Despite its name, a preliminary notice of lien does not necessarily mean that a lien is about to be filed. In most cases, a preliminary notice is used to inform a property owner that a subcontractor or supplier is providing materials or labor to a construction project. In some cases, however, a preliminary notice of lien is a warning to the owner that a mechanics lien or construction lien claim is going to be filed shortly.

When is a preliminary notice of lien required?

A preliminary notice of lien is required when a subcontractor or supplier, or someone else who does not have a direct contract with the property owner on a construction project, begins performing work or delivering materials to the jobsite. In other circumstances, the preliminary notice is required to be sent prior to the filing of a lien.

What is the purpose of a preliminary notice of lien?

The purpose of a preliminary notice is to announce to a property owner on a construction project that work is being performed or materials are being delivered by someone that does not have a contract with the owner. The preliminary notice allows the owner the opportunity to ensure subcontractors and suppliers are paid for their work and materials, and protects the owner from construction liens and mechanics liens from subcontractors and suppliers of which it was never aware.

Need more information?

To find out more information on what is required for a preliminary notice of lien claim on a construction project, visit our FAQ section.

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