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When to file preliminary notices of furnishings

We are supplying (2) different products under one contract for a construction project located in New Jersey. The products will be shipping at separate times. Do we file the Preliminary notice of furnishings on the first delivery or the second (final) delivery and will this vary from state to state?

1 reply

Dec 14, 2018

That's a good question. When the timeframe for sending a notice is based on the first furnishing of labor and materials, it's likely a good idea to base that off of the very first labor or materials furnished to the project - even where some required work might be performed later. Further, in the vast majority of cases, it's a better idea to send notice sooner rather than later. While there's often flexibility on the front end of deadlines (i.e. the opening of the time frame to send notice), there's typically little to no flexibility on the back end (i.e. the last date on which notice can be sent). So, when given the choice between sending notice sooner or later, sending notice sooner is often the safer option - especially when sending notice actually correlates with the first furnishing of work. Plus, regarding project visibility and communication, sending notice early will only help start the project on the right foot from the get-go.
New Jersey Mechanics Lien and Notice FAQs

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