Preliminary notice: what it is, who sends it and when

It is an early notice, not a claim. It says who you are, what you provide, where and for whom, so the owner knows who to make sure is paid. You keep the right to file a mechanics lien later.

Florida's statute makes the point directly: the notice is not a lien, cloud or encumbrance on the property.

Because in many states, no notice means no lien.

• California. Civil Code 8200 says giving preliminary notice is a necessary prerequisite to the validity of a lien claim or stop payment notice, and to a claim against a payment bond.
• Florida. Under Florida Statutes 713.06, serving the notice to owner is a prerequisite to perfecting a lien and recording a claim of lien. Failing to serve it, or serving it late, is a complete defense to enforcement of the lien.

Usually the parties furthest from the owner, who may not know the electrician's supplier exists.

• California. A claimant must give notice to the owner, the direct contractor, and the construction lender if any. Laborers are exempt. A claimant with a direct contract with the owner only has to notify the construction lender, if there is one.
• Florida. All lienors except laborers must serve the notice to owner. Sub-subcontractors and suppliers to a subcontractor must also send a copy to the contractor.

Rules differ elsewhere, so check the statute for the state where the project is.

Two examples:

In California, Civil Code 8204 lets a late notice protect work done within 20 days before it was served, and anything after. In Florida, 713.06 also requires the notice before the owner disburses final payment, and says errors in the form can be excused but the time requirements must be strictly met.

Diary the deadline the day you start work. Our page on retainage explains why money held back to the end of a job makes your lien rights matter even more.

California's Civil Code 8102 lists what a notice must include, to the extent known:

• the name and address of the owner or reputed owner
• the name and address of the direct contractor
• the name and address of the construction lender, if any
• a description of the site, including the street address
• your name, address and relationship to the parties
• a general statement of the work you provide
• the name of the person you provide it to
• an estimate of your demand

Florida's 713.06 sets out a form the notice may follow, and it must include the information and warning in that form. Start from the official form where your state has one.

Use a method the statute accepts, and keep the evidence.

In California, Civil Code 8106 allows personal delivery, mail as the code provides, or leaving the notice and mailing a copy. Civil Code 8118 says a proof of notice declaration must state what was sent, when, where, how and to whom. For mailed notice, it must be backed by evidence such as a certified or registered mail receipt, a return receipt, a tracking record, or an express carrier's delivery record.

A simple routine:

1. Get the owner, GC and lender details on day one.
2. Send by a tracked method the statute allows.
3. Save the notice, the receipt and the delivery record against the project.
4. Diary your later lien deadlines.

A short email to the GC first keeps the relationship calm.

Subject: Preliminary notice - [Project name]

Hi [First name],

Just a heads-up that we are sending our standard [preliminary
notice / notice to owner] for [Project name] at [Site address] to
the owner[, lender] and you today.

We send one on every job in [State], as the statute requires us to
do to keep our usual rights. It is not a claim and it does not mean
there is any problem with payment.

If the owner has any questions, I'm happy to explain. Could you
also confirm the correct owner name and address, and the lender if
there is one, so our records match yours?

Thanks,
[Your name]
[Company name]