Hawaii Preliminary Notice FAQs

A Montana preliminary notice is an absolute requirement for anyone who didn't contract directly with the property owner to secure the right to file a mechanics lien. Exactly when this notice needs to be sent, depends on the type of project. The general rule is that notice needs to be sent within 45 days of first furnishing labor or materials to the project. If, however, the project is an owner-occupied residential property, the time to serve notice is reduced to just 20 days after first furnishing. A Montana preliminary notice can be sent late, but it will limit the amount of lien rights available. A late notice will only cover the value of labor or materials provided in the 45/20 days (whichever is applicable) preceding the notice, and everything thereafter. So even if you've missed your notice deadline, it's worth sending a late notice anyways. That way you've secured some lien rights, as opposed to none. Here are some other resource you may find helpful:

• Montana Notice of Right to Claim a Lien Requirements
• What Do I Do If I Miss a Preliminary Notice Deadline?

The manner in which a Florida Notice to Owner should be mailed is outlined in Fla. Stat. §713.18(1)(b). Under this statute, the notice needs to be sent "by common carrier delivery service by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format." In states that require "return receipt requested," this is explicitly mentioned in the statute. Which it does not in Florida. Furthermore, subsection (1)(a) of the same statute mentions service can be made by "actual delivery," although without some evidence of actual delivery this could prove challenging. Obviously the safest bet is to send with return receipt requested. However, as long as you maintain an electronic tracking record generated by the USPS that has the tracking number, the name and address of the recipient, and the date of receipt from the USPS the service should be sufficient. Here are some other resources you may find helpful:

• How to Prepare & Send a Notice to Owner in Florida
• How to Send a Notice to Owner- Certified Mail, or Certified Mail Return Receipt?
• Mailing Construction Notices: Is notice served when mailed or delivered?