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Is Preliminary Notice Required In My State? (List of Notice and Non-Notice States)

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USA Map - Is preliminary notice required in my state?

This article was originally published on Nov. 30, 2010. It was updated on Sep. 21, 2015.


Some states require that contractors and material suppliers send preliminary notice in order to preserve their ability to file a mechanics lien.

Preliminary notices come in all shapes and sizes, and they have different names, including pre lien noticenotice to owner, notice to contractor, notice of furnishing, 20 day notice, and more. We provide more information about preliminary notices, including forms, frequently asked questions, and state-by-state requirement maps, on our preliminary notice homepage.

A preliminary notice is different from a notice of intent to lien. (Click here to learn more about notices of intent to lien.) Preliminary notices are most often sent relative to the time that you begin work. For example, you may be required to send your notice within 10 days after first providing labor or materials. The deadline to send preliminary notices ranges from the day that you first begin work to 120 days after last providing labor or materials.

The first step in protecting your lien rights is identifying if you are required to send a preliminary notice. Below, we’ve listed the states that require preliminary notices, broken down for prime contractors, subcontractors, and material suppliers. For a more in-depth view of notice requirements, visit zlien.com/resources and select the state in which you’ve performed work.

States That Require Preliminary Notice from Prime Contractors

* = Notice is only required for certain project types or contract amounts
*** = Notice is only required if it is requested, or when other people on the job file certain documents

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Florida
  • Idaho*
  • Iowa*
  • Louisiana*
  • Minnesota
  • Mississippi***
  • Missouri
  • Montana
  • North Carolina
  • Oklahoma*
  • Oregon
  • Rhode Island
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas* ***
  • Virginia*
  • Washington*
  • Wisconsin*
  • Wyoming

States That Require Preliminary Notice from Subcontractors

* = Notice is only required for certain project types or contract amounts
*** = Notice is only required if it is requested, or when other people on the job file certain documents

  • Alabama*
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Florida
  • Georgia***
  • Illinois*
  • Indiana*
  • Iowa*
  • Kentucky
  • Maryland
  • Massachusetts (sub-subcontractors only)
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri (written consent from residential owner required before work)
  • Montana
  • Nevada
  • New Hampshire (not required but best practice)
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma*
  • Oregon
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas (monthly notice)
  • Utah
  • Virginia
  • Washington
  • Wisconsin
  • Wyoming

preliminary notice requirements

States That Require Preliminary Notice from Material Suppliers

* = Notice is only required for certain project types or contract amounts
*** = Notice is only required if it is requested, or when other people on the job file certain documents

  • Alabama*
  • Alaska
  • Arizona
  • Arkansas
  • California
  • Florida
  • Georgia***
  • Illinois*
  • Indiana*
  • Iowa*
  • Kentucky
  • Maryland
  • Massachusetts (sub-subcontractors only)
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri (written consent from residential owner required before work)
  • Montana
  • Nevada
  • New Hampshire (not required but best practice)
  • New Mexico
  • North Carolina
  • Ohio
  • Oklahoma*
  • Oregon
  • South Carolina
  • South Dakota
  • Tennessee
  • Texas (monthly notice)
  • Utah
  • Virginia
  • Washington
  • Wisconsin
  • Wyoming

States That Require Preliminary Notice from Equipment Lessors

† = For equipment lessors that are hired by a party other than the property owner on a private construction or improvement project.

* = Notice is only required for certain project types or contract amounts
** = Notice is optional, however, filing notice affords claimant extra protections
*** = Notice is only required if it is requested, or when other people on the job file certain documents

  • Alabama**
  • Alaska**
  • Arizona
  • Arkansas
  • California
  • Florida
  • Georgia***
  • Illinois*
  • Indiana*
  • Iowa*
  • Kansas*
  • Kentucky*
  • Louisiana
  • Maryland
  • Massachusetts
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico*
  • North Carolina
  • Ohio
  • Oklahoma*
  • Oregon
  • South Carolina
  • South Dakota (suppliers to subcontractors)
  • Tennessee
  • Texas (monthly notice)
  • Utah
  • Virginia
  • Washington
  • Wisconsin
  • Wyoming

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Last Updated on Dec 13, 2018
Published on Sep 21, 2015

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A husband, dad, & entrepreneur in New Orleans, Scott founded zlien to even the $1 trillion construction playing field and make payments easier, faster, and more predictable. zlien is used by thousands of contractors and suppliers nationwide to make payments easier on billions in contract value each year. Scott is a licensed attorney who previously practiced construction law. Recognized by New Orleans City Business as an “Innovator of the Year” and part of their “Leadership in Law Hall of Fame,” Scott has been on the Silicon Bayou 100 list every year since 2014, is a winner of Idea Village & Jim Coulter’s IDEAPitch, is the ACG’s reigning Emerging Growth Company, and a Junior Achievement Rising Star.

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