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

i was hire by the homeowner to do painting job

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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.

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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.

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