Home » Preliminary Notice » Washington D.C. Preliminary Notices

Washington DC Preliminary Notice FAQs

Fact-checked by the Levelset Legal Team
Last updated July 21, 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:

Late Preliminary Notice – What Happens?

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:
Answered by Alex Benarroche | Legal Associate

Should I file an Intent to Lien?

A notice of intent to lien in not required in California. The only reason to send one would be to attempt to apply pressure without the cost of recording and eventually the cost of releasing a lien.

You may be eliebile to file a lien if you performed work to improve the property and you either:

-Had a contract directly with the owner;

-Served preliminary notice within 20 days of commencing work;

-The owner had actualy knowledge of your work.

If you are eleible, you must record your lien within 90 days of project completion (by all trades) absent a notice of completion or notice of cessastion. If the project was not completed, a cessation of labor for 60 contiguous days also consistutes completion for lien purposes, triggering the start of the 90 day deadline. 

 If a notice of completion or cessation was filed, then you have 60 days from that notice if your contract is directly with the owner and 30 days from the notice otherwise, to record your lien.

If you require legal assistance email me a ryan@huntortmann.com to schedule a free consultation.  

Answered by Peter Ryan | Attorney

Notice to Owner

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:
Answered by Alex Benarroche | Legal Associate

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