In Mechanics lien law a Preliminary Notice (also known as a Notice to Owner, Materialmens Notice to Owner, Notice of Furnishing, Contractor/Subcontractors Notice to Owner, and others) is a notice sent by the contractor, subcontractor, materialmen, equipment lessors or other parties to a construction project not to create a Mechanics lien but rather to establish a right to file a Mechanics lien. The distinction is important. If the Preliminary Notice is sent but the claimant's bill is paid the Preliminary Notice has no further legal effect. However, if the bill is not paid the claimant may now file a Mechanics lien on the owner's property. Most states do not allow the filing of a Mechanics lien without claimants being able to prove they first sent a Preliminary Notice.
In the United States about forty states now require some form of a Preliminary Notice to the owner and general contractor of a construction project. Most forms for the process can be obtained from local office supply stores, and a few computer programs exist to handle the process on a nationwide basis.
Famous quotes containing the words preliminary and/or notice:
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—Paul Tillich (1886–1965)
“Is not a patron, my lord, one who looks with unconcern on a man struggling for life in the water, and, when he has reached ground, encumbers him with help? The notice which you have been pleased to take of my labours, had it been early, had been kind; but it has been delayed till I am indifferent, and cannot enjoy it; till I am solitary, and cannot impart it; till I am known, and do not want it.”
—Samuel Johnson (1709–1784)