Long Answer: Those in the construction or construction law business refer to states as either “notice states” or “non-notice states.” This label designates a state as either requiring subcontractors and suppliers to send preliminary notices, or not requiring any such notices. If you are required to file a notice, and do not, you may completely forfeit your lien rights.  Yikes!

Remember:  All Notices Are Not Created Equal: Prelim Notice v Notice of Intent to Lien.  Typically, notices can be divided into two categories: Preliminary Notices and Notices of Intent to Lien.  It’s important to recognize the differences between each and understand which notice your state requires.

To help you understand the notice requirements in your state, we’ve created this nationwide map of notice requirements.

States colored red require delivery of preliminary notice to preserve your lien rights. When (and to whom) these notices should be delivered will vary from state-to-state. Examine each state’s individual laws for their specific notice requirements. Typically, they must be delivered immediately after work begins on a construction project.

States colored blue require delivery of a “notice of intent to lien” prior to filing a mechanics lien. Typically, these notices need not be delivered when work begins, but only within a certain period before actually filing a mechanics lien. The timing requirements vary from state to state, and examination of each state’s individual laws is required to understand the applicable requirements.

States colored green require both preliminary notices and notices of intent to lien to preserve and enforce your mechanics lien rights. Again, examination of each state’s individual lien laws is required to determine who is required to send notices, and how and when notices are required.

Now, to further address this frequently asked question, we have generated a chart that provides illustrative examples of construction projects.,, and identifying the likely “project type.”  Of course, this chart provides illustrative examples only, and your project may not fall within these generalized guidelines.

While frequently confused, preliminary notice and notices of intent are often misunderstood.

A preliminary notice is a notice sent by a subcontractor, supplier or equipment lessor before or immediately after work begins. These notices are frequently sent to the prime contractor or property owner, and typically must be sent within a certain period of time from when labor and/or materials are first furnished to a project.

Preliminary notices are usually sent before any disputes arise, and therefore, before you’re actually owed any money.

A notice of intent to lien is very rarely sent at the beginning of a project.  Instead, this notice is sent immediately before filing a mechanic lien when unpaid on a project.  The purpose is to notify the owner or the prime contractor that you will lien the project if payment isn’t received within a certain period of time.

Is it Required by Law?

Notices of Intent are very popular.  Subcontractors and suppliers send this notice before proceeding with the more expensive mechanic lien filing because it frequently does the trick, causing the non-paying party to make payment.

While some deliver a notice of intent to lien voluntarily, there are some states that require these notices.  In these states, a lien claimant is prohibited from filing a lien until after the notice of intent is sent.

These states frequently require the notice of intent be sent “10 days” or “15 days” before filing a mechanic lien.

Claimants must be careful when calculating the lien period in light of these rules, as the delivery of a notice of intent rarely extends the lien period.  So, for example, if you have 90 days from work completion to file a lien, but must deliver a notice of intent 10 days prior to filing a lien…the notice of intent must be delivered 80 days after work completion at the latest.

Here is a short list of the states that require delivery of a Notice of Intent to Lien.  Get more free information about your state’s mechanic lien requirements at MechanicLien.com.

• Arkansas (10 days before filing lien)
• Colorado (10 days before filing lien)
• Connecticut (Within 90 day lien period)
• Louisiana (material suppliers on residential projects 10 days before filing lien)
• Missouri (10 days before filing lien)
• North Dakota (15 days before filing lien)
• Pennsylvania (30 days before filing lien)
• Wisconsin (30 days before filing lien)
• Wyoming (10 days before filing lien)

Related articles

• Is Preliminary Notice Required In My State? List of Notice and Non-Notice States (constructionlienblog.com)
• How To Prepare For A Non-Paying Project (constructionlienblog.com)

The good news about the Miller Act’s requirements is that they are the same across the country.   As such, contractors on federal projects need only be familiar with one set of rules.   The bad news, however, is that the requirements are often misstated.

To make things easy, we created this chart.

]]> http://constructionlienblog.com/2010/02/chart-explaining-miller-act-claim-rights-and-deadlines/feed/ 3 http://constructionlienblog.com/2009/12/charts-to-make-texas-lien-and-notice-deadlines-easy/ http://constructionlienblog.com/2009/12/charts-to-make-texas-lien-and-notice-deadlines-easy/#comments Wed, 30 Dec 2009 09:41:54 +0000 Scott Wolfe Jr http://constructionlienblog.com/?p=1123 Texas is unlike any other state when it comes to calculating its lien and notice periods.   Instead of a lien being due after a certain number of days or months, Texas uses somewhat cryptic language to define the lien period:  “on the 15th day of the month four/three months after the last month the claimant performs work.”

WHAT!?!?

Well, to help you out, we’ve created some easy to read charts.   You can take one look at this chart and easily figure out when your lien should be filed.    Check out the Texas Lien Deadline Chart here, or the Texas Two and Three Month Notice Deadline Chart here.   These are housed in the Lien Law Summaries Section of Zlien’s website.

But you don’t even have to go that far – you can see the charts right here on our blog:

Texas Lien Deadline Chart

Texas Two and Three Month Notice Deadline Chart

* Original Contractors do not have notice requirements in Texas

** Two Month Notice must only be delivered by lower tier subcontractors and suppliers (i.e. those who did not contract with the original contractor)

*** If on a residential project, every deadline is one month earlier.

Remember, too, that you can keep track of project deadlines using our free Lien Pilot.