Home>Levelset Community>Legal Help>Can we send required statutory notices at the same time as we send an initial invoice?

Can we send required statutory notices at the same time as we send an initial invoice?

GeorgiaPreliminary Notice

We don't currently have a mechanism to record the first date that we supply materials or labor to a site when we are a subcontractor. However we usually require a down payment upon placement of an order, or when we don't we would be invoicing within a couple weeks of first supplying materials or labor. Could we use the first invoice date as a trigger for sending the statutory notice to the property owner? Does the statutory notice have to list the date of first supply? (This is for any state that requires statutory notice - not GA as it made me pick a state below.)

1 reply

Mar 9, 2020

Preliminary notices must typically be sent based on the first furnishing date for the given project. Obviously, different states handle preliminary notices differently, but first furnishing is the benchmark that most states with required preliminary notices will use. While ascertaining first furnishing isn't always simple, ultimately, that's the date states have chosen to base notices off of. So, generally, there will be some amount of time after that first furnishing date during which notice can be sent. For California and Arizona, that'd be 20 days. For Georgia, it's 30 days. For Florida, it's 45 days. The list goes on and on. As long as notice is sent within that required timeframe, it doesn't really matter what date "triggers" the notice-sending. But, practically speaking, if an invoice is sent at, near, or after the deadline for sending preliminary notice, then the sender could find themselves up a creek if they aren't able to get notice sent in time. So, it's entirely based on the invoicing dates for the given job and the notice deadline in the given state. For help navigating different state's preliminary notice deadlines, this map should help: Map of Notice Requirements in the US. There, you can click on any given state and be taken to the state's preliminary notice FAQ page which discusses the notice deadline, among other notice requirements! As a final thought, keep in mind that it's usually a better idea to send notice earlier than later. And, sending notice early - potentially at the time of contracting/before work has begun - may be acceptable.

0 people found this helpful

Helpful