In the construction industry, getting paid for your work shouldn’t be uncertain—but without the proper protections, it often can be. For subcontractors, payment delays and disputes are common, whether due to slow pay, short pay, or no pay situations. One of the best ways to safeguard your right to payment is by sending a preliminary notice at the start of every project.
Unfortunately, many subcontractors misunderstand what a prelim really is. Some see it as a legal formality; others worry it might harm relationships with general contractors or owners. In reality, preliminary notices are one of the most practical tools you can use to protect your business and ensure smoother payments.
In this article, we’ll uncover the truth about preliminary notices, clear up common misconceptions, and explain why every contractor, subcontractor and supplier should make them a standard part of their process.
What Is a Preliminary Notice?
A preliminary notice—often called a “prelim” or “pre-lien”—is a written document sent at the beginning of a construction project. It notifies the property owner, general contractor, and lender (if applicable) that you are providing labor, materials, or services on the project.
While preliminary notices are a legal requirement to protect your mechanics lien rights, they also act as an introduction to your company. A properly prepared prelim says:
“Here’s who we are, here’s the work we’re doing, and here’s how much we expect the work to cost.”
This professional transparency builds trust, prevents misunderstandings, and establishes a clear line of communication from the very start.
1. They’re Required by Law—Even for General Contractors
It’s a common misconception that only subcontractors or suppliers need to send preliminary notices. The truth is that all contractors, including general contractors, to send prelims under specific conditions.
- In California, a general contractor must send a preliminary notice if there is a lender involved on the project, or if they are working for someone other than the property owner—for example, performing tenant improvement work in a leased space.
- In Arizona, all contractors—including GCs—must send a 20-day preliminary notice for every job, without exception.
Failing to send a prelim within the required timeframe can result in the loss of your mechanics lien rights.
Why this matters: Even if you’re confident your customer will pay, sending a prelim ensures your rights are preserved if something changes down the road.
2. They Improve Communication and Speed Up Payments
Some subcontractors hesitate to send a prelim, worrying it might strain the relationship with a general contractor or property owner. In truth, it often has the opposite effect.
A well-prepared prelim opens the door to clear communication. It lets the GC and owner know exactly who you are and what you’re contributing to the project. If a payment issue arises or clarification is needed, they already have your information on file—avoiding delays or miscommunication.
Sending a prelim also shows that you’re organized and proactive about payment tracking, which helps ensure invoices are processed faster and accurately.
Why this matters: Getting paid promptly keeps your cash flow healthy and minimizes disruptions to your business.
3. They Protect Your Legal Rights—But Only If Sent on Time
Preliminary notices must be sent at the beginning of the project, ideally before the first furnishing of labor or materials.
- California: Must be sent by registered, certified, or express mail, or by overnight delivery through an express service carrier within 20 days of starting work.
- Arizona: Must be sent by first-class mail with a certificate of mailing within 20 days of starting work.
- Oregon: Must be sent certified mail return receipt requested within 8 business days of starting work.
- Nevada: Must be sent certified mail return receipt requested within 31 days of starting work.
- Washington: Must be sent certified mail return receipt requested as early as 10 days of starting work.
If you miss your deadline, you risk losing lien protection for the work performed before the notice was sent. CNS helps mitigate this risk by verifying all parties before mailing and ensuring every prelim is sent through the correct, legally compliant channels.
Why this matters: Timely notices are essential to preserve your mechanics lien rights—waiting too long could cost you the payment protection you need.
4. They Strengthen Professionalism and Reputation
Reputation matters in construction. GCs and property owners prefer to work with subcontractors who understand their responsibilities and follow industry best practices.
When you send a prelim, it signals that your company is professional, organized, and committed to proper documentation. Far from being seen as a threat, a well-prepared prelim often builds confidence with upper-tier parties, because it demonstrates that you’re following the legally required standard procedures.
Why this matters: Professional documentation helps establish trust and credibility—qualities that lead to repeat business and long-term relationships.
5. They Create a Strong Documentation Trail
Sending a prelim is the first step in building a clear, traceable documentation trail for your project. This record helps protect you if payment issues ever escalate.
If you later need to file a mechanics lien, or other claim document such as a Stop Payment Notice or Bond claim, your preliminary notice will show that you followed all required steps, strengthening your legal position. Even if you never file a lien, having this documentation supports your invoicing, internal recordkeeping, and dispute resolution efforts.
Why this matters: Accurate records protect your rights and help your business stay compliant and organized.
Common Misconception: “Prelims Are a Threat to GCs”
Many contractors still believe sending a prelim makes them look untrustworthy—but this is outdated thinking.
General contractors and property owners often prefer working with subcontractors who send prelims because it helps them track payments and prevent lien claims. CNS is not a collection agency, and when we reach out to verify project details, it’s always done professionally and transparently—ensuring all parties understand that the goal is protection, not pressure.
Why Subcontractors Trust CNS
At CNS, we specialize in helping construction professionals over the Western United States prepare and send preliminary notices correctly and efficiently. We don’t just send forms—we provide accuracy, documentation, and peace of mind.
Here’s what makes CNS different:
- Thorough Research: We verify ownership, lender, and contractor details to ensure your prelims are sent to all required parties—even if you don’t have that information.
- USPS-Verified Address Matching: Our partnership with USPS ensures every address is checked for accuracy, reducing the chance of lost or misdirected notices.
- In-House Mailing Team: All notices are processed and mailed directly from our office. We never outsource mailing, which means greater control, fewer errors, and no added third-party costs.
- Transparent, Pay-as-You-Go Pricing: No subscriptions, no contracts, and no hidden fees—you only pay for the services you need.
- Detailed Recordkeeping: Certified mailing receipts and proof of service documentation are provided for your records.
When you choose CNS, you’re choosing a partner that protects your business while maintaining your customer relationships.
Take Control of Your Right to Payment
Don’t wait until a payment dispute arises to protect your rights. Sending a preliminary notice at the start of every job—large or small—is the best way to secure your place in the payment chain.
Contact CNS today at 800-366-5660 to get your next preliminary notice started. Our team will handle the research, preparation, and mailing—so you can focus on completing your work with confidence.
Disclaimer: CNS is not a law firm and cannot provide legal advice. For legal assistance, please contact a qualified construction attorney.