Preliminary notice: who sends one and when
2026-09-04 · 6 min read
A preliminary notice is not a threat. It is the document that makes a lien possible later, and in California serving one is a necessary prerequisite to the validity of the claim.
What it is, and what it is not
A preliminary notice announces that you are furnishing work to a property. It is not a demand, not a complaint, and not evidence that anyone is late. Sending one on day three of a job that is going perfectly is normal practice, and experienced owners read it that way.
What it is is a precondition. California puts it plainly: before recording a lien claim, giving a stop payment notice or asserting a claim against a payment bond, a claimant must give preliminary notice — and compliance is a necessary prerequisite to validity.
Who serves it, and on whom
California names three recipients: the owner or reputed owner, the direct contractor the claimant works under, and the construction lender if there is one. A laborer is not required to give preliminary notice; almost everyone else is.
Florida frames the same idea as a Notice to Owner, served by a lienor not in privity with the owner before commencing or within 45 days of commencing to furnish. Texas requires a derivative claimant — anyone who is not the original contractor — to send a notice of claim to the owner and the original contractor for the lien to be valid.
| State | Instrument | Window | Cite |
|---|---|---|---|
| California | Preliminary notice | 20 days from first furnishing | § 8204 |
| Florida | Notice to Owner | Before start, or 45 days after | § 713.06(2)(a) |
| Texas | Notice of claim | Statutory notice to owner + prime | § 53.056 |
Serving it late
California's rule is unusually forgiving and worth knowing precisely: a claimant who did not give notice is not precluded from giving one later, but is then entitled to record a lien, give a stop payment notice or claim against a bond only for work performed in the 20 days before service, and thereafter.
In other words, a late notice is a partial notice. If you are three months into a job with no notice served, serve one today — it protects the last 20 days and everything ahead. Then keep serving them on day one of every job after that.
Design professionals
California treats a design professional who serves within 20 days of the work of improvement commencing as compliant for design services furnished or to be furnished. Different trigger, same 20 days.
Make it a habit, not a decision
The subs who collect are the ones for whom preliminary notice is a mobilisation task, not a judgement call. It goes out with the submittal package, on every job, on every tier, from the same template. Nobody has to decide whether this general is trustworthy — a question nobody answers correctly in advance.
Generate one in the browser with the preliminary notice generator, send it by a method that produces third-party proof of delivery, and file the receipt with the job.
Sources
- Cal. Civ. Code § 8200
Before recording a lien, giving a stop payment notice or claiming against a payment bond, a California claimant must give preliminary notice to the owner, the direct contractor and the construction lender. A laborer is exempt.
Read 2026-09-04
- Cal. Civ. Code § 8204
The California preliminary notice is due no later than 20 days after the claimant first furnishes work. A late notice still works, but it reaches back only 20 days before service.
Read 2026-09-04
- Fla. Stat. § 713.06(2)(a)
A Florida lienor not in privity with the owner must serve the Notice to Owner before commencing, or not later than 45 days after commencing, to furnish labor, services or materials.
Read 2026-09-04
- Tex. Prop. Code § 53.056
A Texas claimant who is not the original contractor must send a notice of claim for unpaid labor or materials to the owner and the original contractor for the lien to be valid.
Read 2026-09-04