Mechanics Lien Laws Can Confuse

Short Answer:  Only in the following states:  Arkansas, Colorado, Connecticut, Louisiana, Missouri, North Dakota, Pennsylvania, Wisconsin, Wyoming.

Long Answer:  It’s extremely common for folks to not quite understand the differences between preliminary notices and notices of intent to lien; and further, to not quite understand when a state requires notices of intent to be sent.

Generally speaking, the states that require a “Notice of Intent to Lien” are in the minority. We wrote a blog post listing out the states that require notices and when these notices must be filed.  While every state is a little different, the “Notice of Intent to Lien” states typically require the lien claimant to notify the property owner 10-30 days before moving forward to file the lien.

However, the majority of states do not have any such requirement, and those unpaid on a construction project can proceed to file their lien without ever sending a “notice of intent” or warning anyone immediately before filing. (Keep in mind you may be required to send a Preliminary Notice even if a Notice of Intent to Lien is not required. Even when not required, sending notices can be extremely beneficial.)

To read more about requirements and lien law in your state, visit zlien.com/resources and select your state. Also, if you want to order a mechanics lien or notice of intent, you can do so on the zlien wizard.