Home>Levelset Community>Legal Help>can i file a mechanics lien if i didnt file preliminary notice

can i file a mechanics lien if i didnt file preliminary notice

Anonymous General Contractor

i was hire by the homeowner to do painting job

2 replies

Matt Viator

Construction Lawyer

Levelset Admin at Levelset

| 1,000 reviews

Oct 26, 2020

Typically, direct contractors on owner-occupied residential projects will need to send a preliminary notice in order to preserve mechanics lien rights. That notice should typically be given in the contract itself, or within 10 days of commencing work. Further discussion here: Do I Need to Send a Iowa Preliminary Notice?

Note that there are other tools, besides mechanics liens, that can lead to payment, too. Levelset discusses some of those tools here: Can’t File a Lien? Here Are Some Other Options For Recovery.

The information presented here is not legal advice and should not be construed as such. Rather, this content is provided for informational purposes. Do not
act on this information as if it is advice. Further, this post does not create any attorney-client relationship. If you do need legal advice, seek the helSee More...See More...

0 people found this helpful

Helpful

Michael Dee

Construction Lawyer

Member at Brown Winick

| 3 reviews

Oct 26, 2020

If the owner hired you directly, as opposed to another contractor hiring you as a sub, you aren’t entitled to file a mechanic’s lien. If in fact you are a subcontractor working on a residential property, you must first post a preliminary notice to the mechanic’s lien registry internet site in order to file a mechanic’s lien.

1 person found this helpful

Helpful