Home Preliminary Notice Washington D.C. Preliminary Notices

Washington DC Preliminary Notice FAQs

Fact-checked by the Levelset Legal Team
Last updated November 3, 2020
Sending a Washington DC preliminary notice is an effective way to speed up payment on a construction project. A preliminary notice is an informational document typically sent to the property owner near the beginning of a construction project. Here's what you need to know about the rules and requirements for sending preliminary notice in Washington DC.

“Levelset takes something that is pretty complex and makes it easy.”

Ready to send?

Send A Notice Now

$19 Free for a limited time

Start a job

Preliminary notice
slow
pay?

Escalate payment problem

Notice of intent to lien
no
pay?

Demand payment

Mechanics lien

Washington DC preliminary notice requirements for:

  • Prime contractors

Private projects

General contractors are not required to send a preliminary notice on private projects.

However, sending a preliminary notice on every project improves transparency on the job and could contribute to a speedy payment.

Public projects

General contractors are not required to send a preliminary notice on public projects.

Private projects

Subcontractors and suppliers are not required to send a preliminary notice in private projects.

However, sending a preliminary notice no matter the requirements is a good way to improve transparency and facilitate a speedier payment.

Public projects

Subcontractors and suppliers are not required to send a preliminary notice on public projects.

Table of
Contents
State
select
Back
to top

Preliminary Notice Frequently Asked Questions

If you're sending preliminary notices in Washington D.C., it's important to get all the details right. If you're receiving prelims, it's important to know what you're looking at and know what to do in followup. Since prelims are subject to a lot of complex rules and requirements, this can all be difficult. Not to mention that the process is tedious for everyone involved. These are some frequently asked questions about the Washington D.C. preliminary notice process.

Washington D.C. Private Project Preliminary Notice FAQs

Do I need to send a Washington DC Preliminary Notice?

Washington DC is a non-notice state. Therefore, there are no preliminary notice requirements.

When do I need to send a Washington DC Preliminary Notice?

N/A

What if I send the Washington DC Preliminary Notice Late?

N/A

How Should the Washington DC Preliminary Notice be Sent?

N/A.

Do I have to send the Washington D.C. Preliminary Notice to Someone Other than the Owner?

N/A

Is the Washington DC Preliminary Notice Considered Delivered When Sent or When Received?

N/A

Washington D.C. Public Project Preliminary Notice FAQs

Do I Need to Send a Washington DC Preliminary Notice?

No. Washington DC does not require any preliminary notice to preserve the right to make a bond claim.

When do I Need to Send a Washington DC Preliminary Notice?

N/A

What if I Send the Washington DC Preliminary Notice Late?

N/A

How Should the Washington DC Preliminary Notice be Sent?

N/A

To Whom Must the Washington DC Preliminary Notice be Given?

N/A

People are asking Washington DC construction attorneys:

Should a subcontractor execute a final wavier & release of lien on a private project it has yet to furnish?

I would not advise my client to do so, no. How can you protect your lien if the owner does not file the new NOC?
Answered by Victor Garcia | Partner

Preliminary notice on multi-home residential project in California

You may want to contact a title company to make sure you are sending the notice to the owner(s) of the entire project, among others. If you aren't being given the info., demand it under Civil Code section 8170, which says: "(a) A written direct contract shall provide a space for the owner to enter the following information: (1) The owner’s name, address, and place of business, if any. (2) The name and address of the construction lender, if any. This paragraph does not apply to a home improvement contract or swimming pool contract subject to Article 10 (commencing with Section 7150) of Chapter 9 of Division 3 of the Business and Professions Code. (b) A written contract entered into between a direct contractor and subcontractor, or between subcontractors, shall provide a space for the name and address of the owner, direct contractor, and construction lender, if any."
Answered by Andrew Carlton | Attorney

Who should I list as our customer for preliminary notice purposes and who does the Notice of Commencement?

Ohio does not have any "preliminary notice" requirements for general contractors. As for the Notice of Commencement, either the owner or general contractor can prepare and record one. If you prepare one, you would need to identify the owner of the property being improved in the Notice of Commencement? If the Akron Pulic Schools owns the land, then it would be identified as the owner. If a private entity owns the land, then it would be identified.

Feel free to reach out directly to me with any questions.

Peter W. Hahn

Benesch, Friedlander, Coplan & Aronoff

(614) 223-9317

phahn@beneschlaw.com 

Answered by Peter Hahn | Partner

View more Preliminary Notice Washington DC questions

View Preliminary Notice questions

View Washington DC questions

Ask a construction lawyer about a Washington DC Preliminary Notice

It's free!

Best rated general contractors in Washington DC

Fastest paying contractors in Washington DC

Slowest paying contractors in Washington DC

Highest rated contractors in Washington DC

Are others reporting slow payment?

About Washington D.C. Preliminary Notices

It’s rare that a state has no preliminary notice requirements for any party on any project, but that’s the case in Washington DC (even though it’s not really a state).

While there may be no specific requirements to provide a preliminary notice in the District of Columbia, that doesn’t mean that providing some the of notice is a bad idea. In fact, providing preliminary notice, even when not required, is usually the smart thing to do. Providing a voluntary preliminary notice document, provided it’s drafted and formulated correctly, can be beneficial by promoting project visibility, providing helpful information, opening channels for communication, and streamlining payment.

The above are just some of the many reasons to provide voluntary preliminary notices, or as we like to call them at Levelset, “visibility documents” but, in fact, there are many more reasons, as well.

Send a preliminary notice in [STATE] (DIY)

1

Download the free notice form

Get the free form
Preliminary notice form download

The generic notice form can be used in Washington DC along with any other state where preliminary notices aren’t required. It provides information about your company to the property owner, general contractor, and other parties in charge of payment on a construction project.

2

Fill out the form

Be careful! Accuracy is important.
Filling out a preliminary notice

After you download the form, the next step is to fill the form out completely and accurately. Property owners and GCs often rely on this document to communicate with you, so mistakes on this form can cause payment delays.

3

Deliver the form

Send a preliminary notice

Since preliminary notices aren’t required in Washington DC, there are no specific requirements for delivery. Deliver your notice however you see fit.

How to send a Preliminary Notice with Levelset
1

Select Preliminary Notice document.

2

Provide basic job information.

Levelset sends the document for you. Postage included!

Send a preliminary notice
$19 Free for a limited time
Trustpilot
Subcontractors and suppliers have protected over $1,000,000,000 from non-payments. It’s fast, easy, affordable, and done right!

Washington DC construction payment topics

Mechanics Lien
Lien Waivers
Bond Claim
Prompt Payment
Retainage