The construction industry often faces challenges such as slow pay, short pay, or no pay. Preliminary notices are one of the most important tools for protecting your right to payment. Whether you are a subcontractor, material supplier, equipment rental company, design professional, or laborer, sending a preliminary notice is the first step in securing your lien rights. But who is required to send a notice, and do general contractors have to send one too?
This article outlines who must send preliminary notices, when general contractors are required to send them, and how CNS helps ensure that notices are accurate and compliant with state requirements.
Who Is Required to Send Preliminary Notices
A preliminary notice is a formal document that notifies the property owner, general contractor, and lender that you are working on a project. Sending this notice is a legal requirement in many states to preserve the right to file a mechanics lien in case of nonpayment.
The following parties are commonly required to send preliminary notices:
- Subcontractors
- Material suppliers
- Equipment rental companies
- Design professionals
- Laborers
In states like California and Arizona, a 20-day deadline applies. This means that the notice must be sent within 20 days of first furnishing labor or materials to the job. In California, the preliminary notice must be sent by registered or certified mail, express mail, or overnight delivery by an express service carrier in order to comply with state law.
When General Contractors Must Send Preliminary Notices
General contractors are typically not required to send preliminary notices when working directly for the property owner. However, in Arizona, general contractors are always required to send a preliminary notice. In other states, there are important exceptions where the notice is required:
- When working for someone other than the property owner
If the general contractor is performing tenant improvement work – such as building a restaurant, completing an office build-out, or doing renovations for a lessee rather than the property owner – a preliminary notice must be sent to the property owner. This ensures the owner is made aware of improvements being made to their property. - When there is a lender on the project
If the project is being financed, the general contractor must send the preliminary notice to the lender as well. Failing to do so may impact the contractor’s ability to preserve lien rights.
These requirements apply even if the general contractor is already highly involved in the project. Notices ensure compliance with lien laws and provide full transparency to all stakeholders.
How CNS Helps Customers Send Accurate Preliminary Notices
Preparing a preliminary notice involves more than just filling out a form. CNS supports its customers by conducting thorough research and documentation for every request.
Here is how CNS handles each project:
- CNS makes phone calls and sends emails to confirm all critical project details
- On average, 6 to 8 calls or emails are made to agencies or stakeholders per job
- CNS verifies the job address, property owner, direct contractor, and lender
- All interactions are documented and reviewed for accuracy
If any information is missing or unclear, the customer’s dedicated customer service representative will contact them for clarification. Once all information is verified, a department supervisor reviews the notice for completeness and accuracy before approval.
After approval, the notice is printed and delivered to the CNS Mail Department, where it is prepared to meet certified mail requirements for the state in which the project is located. The notice is then taken to the U.S. Post Office for mailing to all necessary recipients.
CNS receives daily mail receipts from USPS and records all project data. A copy of the verified notice or lien is also sent to the customer via email the same day it is mailed, along with USPS tracking information. Notices are also available to view on the CNS customer portal when signed in on portal.cnslien.com.
Why Preliminary Notices Are Important on Every Project
Some contractors worry that sending a preliminary notice could hurt their relationship with the general contractor or property owner. In reality, preliminary notices provide benefits for everyone on the project.
- They help the general contractor and property owner track who is involved
- They improve communication and help prevent payment disputes
- They give lenders visibility into project participants and associated risk
- They help ensure compliance with state lien laws
Many general contractors prefer to receive preliminary notices because they make it easier to manage subcontractor payments and reduce the chance of unexpected lien filings.
Why CNS Customers Choose Professional Notice Services
Handling preliminary notices on your own can be time-consuming and risky. CNS provides a process-driven approach to help its customers maintain compliance and preserve lien rights. By offering:
- Direct communication to verify job data
- In-house preparation and mailing of notices
- Supervisor-level review for completeness
- Certified mail handling in accordance with each state’s legal requirements
- USPS tracking and daily mailing logs
- Digital delivery of verified notices with tracking data
CNS provides services that reduce the likelihood of errors and help construction businesses stay protected.
Tips for Preserving Your Lien Rights
Here are key steps to follow to ensure your preliminary notices are effective:
- Send a notice at the start of every project, even if you are unsure who the owner or lender is
- Understand your state’s deadlines and requirements
- Work with CNS to confirm all required recipients
- Keep copies of all documentation for your records
CNS performs in-depth research to identify all required parties – including property owners, general contractors, and lenders – so your preliminary notice reaches every recipient necessary to preserve your lien rights.
Conclusion
Preliminary notices are one of the most effective tools for protecting your right to payment. Whether you are a subcontractor, supplier, rental company, or general contractor, sending a properly researched and compliant notice is essential to preserving your mechanics lien rights.
It’s important to remember that a preliminary notice does not guarantee payment — it preserves your legal ability to file a lien if needed. However, mistakes in preparation, timing, or delivery can jeopardize your lien rights entirely. That’s why working with a professional service like CNS can make all the difference.
CNS provides professional support by researching project details, preparing and mailing documents, and maintaining records in compliance with state laws. Contact CNS today at 800-366-5660 to get started on your next preliminary notice.
Disclaimer: CNS is not a law firm and does not provide legal advice. For legal assistance, please contact a licensed attorney.
