New York Preliminary Notice Guide and FAQs

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New York Preliminary Notice FAQs

About New York Preliminary Notice

New York Preliminary Notice Rules
At a Glance


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Preliminary notice not required in WV
Preliminary Notices Not Required

In New York, there are no preliminary notice requirements for any potential mechanics lien claimant, no matter their tier on the project. Note, however, that there are specific contractual requirements that contain providing "notice" for direct contractors on home improvement projects.


X
GCs Not Required to Send Notice

No Preliminary Notices are required in this state. Note, however, that there are specific contractual requirements that contain providing "notice" for direct contractors on home improvement projects.


X
Subcontractors Not Required to Send Notice

No Preliminary Notices are required in this state.


X
Suppliers Not Required to Send Notice

No Preliminary Notices are required in this state.

Preliminary notice not required in WV
Preliminary Notice Not Required

New York is a "non-notice" state and no preliminary notices are required from any party on any project. This extends to project participants furnishing labor or materials to public projects.


X
N/A

On public jobs, any claims for non-payment are made against the general contractor's bond. Since GCs will not make a claim against their own bond for non-payment, they do not have bond claim rights, and have no preliminary notice requirement.


X
Notice Not Required from Subs

No Preliminary Notices are required in this state.


X
Notice Not Required from Suppliers

No Preliminary Notices are required in this state.

New York has a rare approach to preliminary notices: the lien law says that they aren’t required for any project participant on any project. This complete lack of noticing requirements definitely makes New York an outlier when it comes to preliminary notice, and construction payment law, the majority of states have at least some notice requirement.

But, while the mechanics lien law specifies no preliminary notices are required whatsoever, is that really the case? Well, pretty much yes. But New York does require preliminary notice of a type for direct contractors performing work pursuant to “home improvement contracts.” The rules regarding home improvement contracts, and that define what actually constitutes a home improvement contract, are set out by New York’s General Business Law. Like other states, New York has specific requirements for contracts related to “the repairing, remodeling, altering, converting, or modernizing of, or adding to, residential property” or the construction of a custom home. These strict contractual requirements are generally formulated to provide protection to the homeowner, given that a piece of residential property is often a person’s largest asset, and many homeowners are not necessarily very sophisticated with respect to either contractual law or construction.

One of the requirements for home improvement contracts, set forth by GBS § 771, is that the contract must contain a notice to the owner that parties furnishing labor or material, and who are not paid, may have a claim against the owner that can be enforced against the property pursuant to applicable lien laws. Additionally, a home improvement contract must include certain specific language about mechanics liens “in clear and conspicuous bold face type.” This required language is:

“Any contractor, subcontractor, or materialman who provides home improvement goods or services pursuant to your home improvement contract and who is not paid may have a valid legal claim against your property known as a mechanic’s lien.  Any mechanic’s lien filed against your property may be discharged. Payment of the agreed-upon price under the home improvement contract prior to filing of a mechanic’s lien may invalidate such lien. The owner may contact an attorney to determine his rights to discharge a mechanic’s lien”

While this is a required contractual provision, and not specifically a notice – and it is set forth by the General Business Law and not the mechanics lien law – this requirement is, for all intents and purposes, a preliminary notice related to lien rights that must be provided by parties contracting with a homeowner on certain residential projects.

Additionally, just because there is not really any actual traditional preliminary notice requirements in New York, that doesn’t mean that there is no benefit to sending preliminary notice. There are many reasons that sending preliminary notice, even when not specifically required, is the right thing to do. Sending preliminary notices promotes project visibility, opens channels for communication, and can speed up payment.

Preliminary Notice Frequently Asked Questions

Sending preliminary notice in New York is generally completely voluntary, but that doesn't mean that you might not have questions about the process or any potential requirements. These are some frequently asked questions (and answers) about preliminary notices in New York.

Prelim FAQs on Private Projects

Do I Need to Send a New York Preliminary Notice?

No. However, any party may a preliminary notice to promote project visibility, open channels for communication, and attempt to facilitate payment.

Note, however, that there are specific contractual requirements for parties contracting directly with a homeowner on home improvement contracts. One of these required contract provisions is a “notice” to the owner about potential lien exposure on the project.

When do I Need to Send a New York Preliminary Notice?

N/A.

What if I Send the New York Notice Late?

N/A.

How Should the New York Notice be Sent?

N/A.

Do I Have to Send the New York Preliminary Notice to Someone Other than the Owner?

N/A.

Is the New York Preliminary Notice Requirement met when sent or delivered?

N/A.

Prelim FAQs on Pubic Projects

Do I Need to Send a New York Preliminary Notice?

No. New York is a non-notice state, meaning that parties to a construction project are generally not required to deliver any preliminary notice to preserve rights. Any party may send notice if they so desire.

When do I Need to Send a New York Preliminary Notice?

N/A

What if I Send the New York Preliminary Notice Late?

N/A

How Should the New York Preliminary Notice be Sent?

N/A

To Whom Must the New York Preliminary Notice be Given?

N/A

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New York Preliminary Notice Form Template

While not specifically required like in other states, there are still ways that a New York preliminary notice can be effective. Sending preliminary notice is a good idea even when not required, but to do so you want a notice that isn’t confrontational and will be useful to the parties to whom it is sent. The forms provided here for free by Levelset are specifically drafted to be non confrontational, to promote visibility, and to be helpful to recipients. You can download them for free, or use our system to send or request them easily.

New York Demand for Notice Form - free from

New York Demand for Notice Form

This notice is not a required filing. However, any party on a public project can deliver to the public body a Demand for Notice of...

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