Question 1

What is a preliminary notice and why does it matter?

Accepted Answer

A preliminary notice (also called a prelim, pre-lien notice, or notice to owner depending on the state) is a document sent early in a construction project that preserves your right to file a mechanics lien if you don't get paid. Without it, subcontractors and suppliers may lose all lien rights — meaning you have no legal leverage to recover unpaid wages or materials.

Question 2

What happens if I miss the preliminary notice deadline?

Accepted Answer

If you miss the deadline, you typically forfeit your right to file a mechanics lien for work performed before the notice was served. Some states allow a retroactive notice that protects only future work, but you lose coverage for labor and materials already furnished. Once lien rights are gone, your only recourse is a breach-of-contract lawsuit — which is far more expensive and time-consuming.

Question 3

When does the preliminary notice deadline clock start?

Accepted Answer

In most states, the clock starts on your first day of furnishing labor or materials to the project — not the day you signed the contract, and not the day work was completed. The exact trigger varies slightly by state, so it's critical to record and document that first day on site.

Question 4

Why does Oregon use business days instead of calendar days?

Accepted Answer

Oregon statute ORS 87.021 expressly measures the 8-day preliminary notice window in business days, excluding weekends. No other state in the LienFlash network currently uses business days, which makes Oregon one of the strictest deadlines despite having only 8 days — a Friday start date still gives you the following week to send notice.

Question 5

What is the difference between a preliminary notice and a mechanics lien?

Accepted Answer

A preliminary notice is a proactive, pre-emptive document sent at the start of a project to preserve your lien rights. A mechanics lien is the actual encumbrance filed against the property title after non-payment. Think of the preliminary notice as the key — without it, you can't unlock the mechanics lien. Most states require the prelim before you're eligible to lien.

Question 6

Do I need an attorney to send a preliminary notice?

Accepted Answer

No. Preliminary notices are administrative documents, not legal filings. They do not require an attorney's signature or bar admission. LienFlash generates state-compliant notices and mails them via USPS Certified Mail with Return Receipt — the same delivery standard recommended by most state statutes — for a flat fee of $24.99.

Question 7

What information do I need to send a preliminary notice?

Accepted Answer

You'll typically need: your company name and address, the property owner's name and address, the general contractor's name and address (if you're a sub), the property address or legal description, a brief description of the work or materials you're providing, and the approximate dollar value. LienFlash's AI document analysis can extract most of this from your contract or job documents.

Question 8

Is the deadline different for single-family residential projects in Washington?

Accepted Answer

Yes. While the standard Washington deadline is 60 days from first furnishing, subcontractors on new single-family residential projects must serve the Right to Claim Lien notice within 10 days of first furnishing under RCW 60.04.031. Always verify the project type before calculating your deadline.

State	Notice Type	Deadline	Statute
Florida	Notice to Owner	45 days	§ 713.06
California	20-Day Preliminary Notice	20 days	§§ 8200-8216
Arizona	Preliminary 20-Day Notice	20 days	§ 33-992.01
Nevada	Notice of Right to Lien	31 days	NRS 108.245
Washington*	Right to Claim Lien	60 days	RCW 60.04
Oregon	Notice of Right to a Lien	8 business days	ORS 87.021

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Preliminary notice deadlines by state

Frequently asked questions

The clock starts when you do. File first. Get paid.