What Is a Preliminary Notice?
By Wyatt Cooper · Published · 4 min read
Key takeaways
- A preliminary notice is the early written notice that protects a subcontractor's or supplier's right to file a mechanic's lien later; in many states, no notice means no lien.
- Each state names it and times it differently: Arizona's preliminary twenty-day notice and Florida's notice to owner are two examples.
- Sending one is routine, not hostile: it tells the owner who is working on the property before anyone is unpaid.
A preliminary notice is a written notice a subcontractor or supplier sends early in a job, to the owner, the general contractor and often the lender, saying it is furnishing labor or materials and may claim a lien if unpaid. Many states require it to preserve lien rights; names and deadlines vary by state.
How a preliminary notice works
A preliminary notice comes before any dispute. It lets an owner who never contracted with you know that you are on the job, so the owner can make sure you are paid, and it keeps your right to a mechanic's lien if you are not. Statutes set who sends it, to whom and by when, and some cut off lien rights for work furnished before a late notice. California's version is in California preliminary notice.
| State | Who gives it | Deadline | If it is late or missing |
|---|---|---|---|
| Arizona: preliminary twenty-day notice (A.R.S. § 33-992.01) | Everyone who furnishes labor, professional services, materials, machinery, fixtures or tools for which a lien may be claimed, except a person performing actual labor for wages; served on the owner, the original contractor, any construction lender and the person contracted with | Not later than 20 days after first furnishing to the jobsite | A later notice supports a lien only for what was furnished within 20 days before it was served, and after |
| Florida: notice to owner (Fla. Stat. § 713.06) | Lienors not in privity with the owner (subs, sub-subs, suppliers), except laborers | Before, or not later than 45 days after, commencing to furnish, and before the owner's final payment | Failure to serve on time is "a complete defense to enforcement of a lien" |
Example
Preliminary twenty-day notice: drywall supplier
- First delivery to the jobsite
- Wednesday, November 4, 2026
- Notice due no later than
- Tuesday, November 24, 2026 (20 days later)
- Served on
- Owner, original contractor, construction lender, the drywall sub that ordered the material
The count: November 4 plus 20 days is November 24. If the supplier waited and served the notice on December 10, a lien would cover only what it furnished from November 20 (20 days before December 10) onward. Lien filing deadlines after the job are a separate clock: see mechanic's lien deadlines.
The bottom line
A preliminary notice is the cheap early step that keeps a sub's or supplier's lien rights alive.
Send it on every job where the statute calls for one, by its deadline, and keep proof of delivery. Get paid on time with conditional lien waivers and the habits in how to get paid faster as a subcontractor. Conflo is built for commercial work today.
Sources
- A.R.S. § 33-992.01, Preliminary twenty-day notice — Arizona State Legislature. Read October 22, 2026.
- Florida Statutes § 713.06 (2026), Liens of persons not in privity — The Florida Senate. Read October 22, 2026.
Questions
Does a general contractor send a preliminary notice?
It depends on the state. Many notice statutes are aimed at those without a direct contract with the owner, such as subs and suppliers; check your state's rule.
Is a preliminary notice the same as a lien?
No. It is a notice that a lien may be claimed later. Nothing is recorded against the property when it is sent.
Does every state require a preliminary notice?
No. Some states require one for most claimants, some only for certain tiers or project types, and some not at all. Read your state's lien statute.
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