Subcontractor filed a mechanics lien but did not send a prelien notice in a reasonable time. He actually sent a prelien 5 months before the job was awarded to a primary contractor.
Preliminary notice must be given no later than 20 days from commencement the work that is the subject of the lien. There is no statutory limit governing the earliest preliminary notice may be given. But if the prime contract was not entered into, it might be argued that the preliminary notice given 5 months before did not pertain to the project at issue. However, court’s generally focus on the intent of preliminary notice to provide the owner notice of the subcontractor’s lien rights and usually will uphold the validity of a lien if the court is convinced that the owner has adequate notice. So, an argument that preliminary notice was too early is not going to be a strong defense to a lien claim.