In most states a preliminary notice (also known as a prelien, construction notice, or notice to owner) is a letter that is sent to interested parties on the project. The notice typically contains information about the project, your role, and what services or materials you’re providing. The information, wording, and sometimes the form of the document can be dictated by state statute. Oftentimes these notices help secure lien rights and give you leverage in the event of non-payment. Each state has differing time frames and procedures that need to be followed when sending a preliminary notice, construction notice, or notice to owner.

That depends on the state and your role on the project—and on who wants to get paid. Different states have different requirements. It’s always good business practice to send a notice. A proactive approach when money is involved puts you a step ahead.

Mechanic’s lien law is governed by state—each state has its own statutes, time frames, and procedures. Click here for state-by-state guides and time frames.

In many states, you may not be completely out of luck. Even if you don’t send your notice on time, there may still be options available. Contact RCS or your construction attorney promptly so you can evaluate what remains available under that state’s rules.

In most cases, the notice helps establish rights related to the property. You need to know which property is involved. State statute also usually requires an address in order to lien a property.

Check with your state—many states require a license to have lien rights. Most of the time, if you’re required to be licensed to provide the type of service you’re providing, you’d also need to be licensed to record a mechanic’s lien.

A Little Miller notice or letter is used for public works projects where the property is owned by the state or another local governing authority.

A federal Miller notice or letter is used for public works projects where the property is owned by the federal government.

Public works projects generally cannot be liened. To protect subs and material suppliers there is often a payment bond. If payment isn’t forthcoming, that bond can provide a means to secure payment.

This varies from state to state and can also depend on the language in the payment bond. For Arizona it is commonly 90 days after the last day you significantly supplied labor and/or materials. Other states have different time frames. Click here for state-by-state information and time frames.

Some states require a notice on public projects and some do not. In Arizona, a subcontractor or materials supplier not in direct contract with the owner generally must file a preliminary notice in order to retain their right to claim on the bond. Check your project state’s rules.

Rules for owner-occupied or residential property vary widely by state. For example, Arizona has specific written-contract requirements for certain owner-occupant projects, and Texas has particularly strict residential property laws. Other states differ as well. Click here for state-by-state information and time frames.

Some states require an amended notice when the project amount increases beyond a statutory threshold (Arizona is a common example). Other states have different amendment rules. Payments do not always change the analysis. Contact us or your attorney to learn when you need to send an amendment for your project state.

A preliminary / construction notice is typically not a lien. It is often a statutory notification used to establish a contractor’s or supplier’s rights if nonpayment occurs later. See our residential notice call-out above, and if you need to acknowledge, correct, or ask a question about a notice you received, use our Received a Notice workflow. You can also learn more about lien waivers.

The next step is typically to contact an attorney to perfect the lien by starting foreclosure and/or litigation proceedings. Most attorneys will ask for at least several weeks before your lien expires to begin preparing. This is a good opportunity to loop your construction attorney in on the project so you can choose the best path to getting paid.

We are happy to refer you to construction counsel we work with. Contact us at (602.279.7990) and one of our team members will be glad to help.

On commercial or residential private projects, claimants often have mechanic’s lien rights. Public work projects generally cannot be liened because the property is owned by a government entity (or, in some cases, tribal land). On public projects, the general contractor is typically required to obtain a payment and performance bond. The bond’s purpose is to cover unpaid labor or materials.

A practical rule of thumb: if you can buy it, you can often lien it. Commercial office buildings can be purchased; freeways generally cannot. Public libraries cannot be purchased, while apartment buildings can. There are exceptions, but the rule helps keep private vs. public projects straight.

It depends on each state’s lien laws, who you are on the project, and the job itself. RCS does not practice law and cannot give legal advice. You may want to contact a construction attorney for legal advice. We are happy to help you find counsel if you would like.

A mechanics’ / materialmen’s lien is a legal claim asserting you haven’t been paid for improving (or helping improve) real property—typically by providing labor, materials, equipment, or related professional services.

Each state varies. Contact an RCS team member with questions about time frames for your project state, or contact your construction attorney.

Check with your state—many states require a license to have lien rights. Most of the time, if you’re required to be licensed to provide the type of service you’re providing, you’d also need to be licensed to record a mechanic’s lien. Each state is different.

Time frames to record a mechanic’s lien vary by state—from roughly 60 days after the project in some places up to many months in others. Understanding the time frames for the state you’re working in is critical. Only you know when you haven’t been paid and when you want to start the lien process. Click here for state-by-state information and time frames.

In several states, such as California and Arizona, a Notice of Completion is a recorded document that may change the time frame in which you can record your lien. A property owner or general contractor may choose to record this document. There are very specific requirements and time frames to follow. If you receive a recorded Notice of Completion, contact us or your attorney to discuss.

The time frame in which a mechanic’s lien remains valid varies from state to state. Some states allow a lien to be “renewed,” although not all states have that option. Typically, legal action or foreclosure proceedings are necessary before the lien “expires.” A mechanic’s lien generally will not remain on the property in perpetuity.