Home>Levelset Community>Legal Help>(This is a generic question--not State specific). Topic: ability to file Preliminary Notice/ NOI/Mechanic's Lien EARLIER than dates listed in Zlien 'Lien & Notice Deadlines'. Our firm operates from a BACKLOG, so we will receive a contract on a job months earlier than the actual start date. In particular for the Preliminary Notice, it would be much easier if we could file that (if applicable in that State) as soon as we get the physical order. So, looking at it from a generic standpoint, can a contractor file Preliminary Notice well before the X days following first furnishing of materials and/or labor ?
(This is a generic question--not State specific). Topic: ability to file Preliminary Notice/ NOI/Mechanic's Lien EARLIER than dates listed in Zlien 'Lien & Notice Deadlines'. Our firm operates from a BACKLOG, so we will receive a contract on a job months earlier than the actual start date. In particular for the Preliminary Notice, it would be much easier if we could file that (if applicable in that State) as soon as we get the physical order. So, looking at it from a generic standpoint, can a contractor file Preliminary Notice well before the X days following first furnishing of materials and/or labor ?
Contractor either doing new construction or repairing existing real property steel tanks.
Operate on some jobs as GC, and others as Sub to GC or even 3rd tier
1 reply
Jan 23, 2019
That's a great question, and we get state-specific questions about this sort of thing all the time. In particular - we've been asked about California quite a bit, and California is a state where preliminary notice may be sent early. As far as a general rule that applies to every state - unfortunately, there really isn't one. Every state has its own unique lien and notice rules, and the timing of preliminary notices may differ greatly when you cross any given state line. Generally, it's always better to send notice a little early rather than a little late. However, sending notices months in advance does seem a little on the "too early" side. On the whole, notices are more or less intended to coincide with the start of work, and they typically signal the beginning of that work. Sending notices well in advance of that work might run a little counter to that. Further, there may be some states where sending notice that early could in fact run against what's required by statute.