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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.

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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.

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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:

How late can I file a Preliminary Notice?

A preliminary notice will preserve mechanics lien rights for materials furnished in the future and in the 20-day period prior to the date of proper service of the preliminary notice. https://www.levelset.com/preliminary-notice/california-preliminary-notice-faqs/

If there have been no recent material shipments and no future shipments planned and you have not directly sold to the project owner, you may be out of luck as far as lien rights but you should consult with an experienced construction attorney regarding your company's specific situation. Even if there are no lien rights, you have other rights that may be pursued.

--CN

Answered by Chris Ng | Attorney

What should I do?

If you are in direct contract with the owner a prelim is not needed. Call me and I would be happy to walk you through the process. 

Answered by Elliott Stone | Managing Partner

can I file a lien

You should consider preparing a letter to mail by certified mail, return receipt requested, to the contractor to set out the facts and to demand the relief that you want. Attach your invoice for what you are owed. Make sure that your letter is professional and business like as it may be evidence later. You should provide the owner and contractor with a certified mail notice of non-payment with a request that the owner trap funds, and with a request that the owner withhold retainage from the contractor. Retain a construction attorney to determine whether or not you have mechanic's lien rights. Good luck.
Answered by Brian Erikson | Attorney

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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!

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Washington DC construction payment topics

Mechanics Lien
Lien Waivers
Bond Claim
Prompt Payment
Retainage