Questions You May Have When Choosing & Filling Out Your Preliminary Notice Form
As you can see from the listing of free forms on this page, sending a construction notice for your state may not be as simple as just downloading the state's single notice form. Some states have multiple notice forms, which are all different. These forms are different based on a variety of factors. One common factor is the role that you play on a job (i.e. directly contracting with the owner, or as a sub).
Carefully review the notice descriptions and make the decision. Or, you can:
- Look on our Preliminary Notice Resource Center for more detailed information that may be helpful to this decision; or
- Just use the Levelset software to prepare and send your notice. By answering simple questions, the correct notice will be generated and sent for you.
If at all possible it is best if you can find this information and include it in your notice. Not including this information in your notice can be a problem for your lien rights. This is why we've previously written about why property and project research is CRUCIAL when sending preliminary notices.
Know that it's very common to not have this information on-hand. So, here is what you can do in this situation:
1. Try to find the information
You can do the research and try to find this information. Property owners and property descriptions can be found through many places that provide property records. Take a look at our Free Legal Property Description Cheat Sheet for more help here.
We also have some helpful articles about how to find the construction lenders and sureties on your job., and on how to find the property owner(s).
2. If you can't find it, request it
As we explained in our Ultimate Guide to the California Preliminary Notice, it’s extremely common to not have this simple information when trying to prepare preliminary notices. And, unfortunately, this is not easy information to get. Many states (like California) have a process to request this information. You can see a good explanation of this in this Expert Answer about that process, How to find the lender if unknown?.
Simply put, sending a request to the stakeholders you do know is a good practice, is sometimes legally sanctioned, and is always a good idea that puts you in the best position possible to get that hard to find information and protect your lien rights.
Not all of the time...but, unfortunately, most of the time the answer to this is yes. The state statutes that set out preliminary notice requirements are very specific about the language required in a preliminary notice. Sometimes, it gets so specific as to provide for the font and font weight!