Preliminary notice vs notice of intent to lien
2026-10-188 min read
A preliminary notice goes out when you start work and says you are on the job. A notice of intent to lien goes out when a payment is missed and says a lien is coming. They are not two versions of the same letter, and one never replaces the other: the first keeps the lien available, the second uses the threat of it to get paid.
| First week on the job | Preliminary notice | Sent on every job, before anything goes wrong. |
| Invoice past due | Notice of intent to lien | Only while the recording deadline still has room. |
| Deadline days away | Record the lien | Unless your state makes the notice a precondition. |
Feature matrix
Our pick: both, in that order. They are steps, not alternatives
| Feature | Preliminary notice | Notice of intent to lien |
|---|---|---|
| Job it does | Protects your right to lien | Asks for the money before you record |
| Sent | At or near the start of your work | After a payment is missed |
| Clock it runs on | Days from first furnishing | Days left before the recording deadline |
| Usually sent by | Subs and suppliers with no contract with the owner | Any unpaid party that can record a lien |
| Goes to | Owner, prime and (CA) the lender | Owner, prime and lender |
| Money named | None owed yet; at most an estimate | The exact unpaid balance |
| Required by statute | Many states (CA, FL, WI homes) | Some states (WI, CO among them) |
| Skip it and | Lien lost, or cut back (CA: 20 days) | Where optional: leverage lost. WI, CO: the lien |
| Tone | Routine paperwork | Firm, with a date |
| Delivery | Certified or tracked, keep proof | Certified or tracked, keep proof |
Two notices, two different clocks
The preliminary notice counts forward from your first day of work. California gives you 20 days after you first furnish labor or material; Florida gives a lienor not in privity with the owner until 45 days after starting. Nobody owes you anything yet, so the notice claims nothing. It announces who you are, who hired you and what you are supplying. The preliminary notice guide covers who serves it and what a late one still saves.
The notice of intent counts backwards from your recording deadline. It goes out after a pay app is ignored or a check is short, names the exact balance, and gives a reply date. Ten days is the usual window, and the one Colorado writes into its statute as a minimum. What the letter needs to say is in the notice of intent guide.
That difference in direction is where subs get caught. A preliminary notice is late if you forget it in the first weeks. A notice of intent is late if you send it so close to the lien deadline that the reply window runs past it.
One job, both notices
A drywall sub on a California commercial job, working under the general rather than for the owner. Dates are real calendar counts under Civil Code §§ 8204 and 8414.
| Date | Event | Note |
|---|---|---|
| 2026-03-02 | First day on site | Day 0 for the preliminary notice |
| 2026-03-04 | Preliminary notice served | Owner, prime, lender; due by 03-22 |
| 2026-06-30 | June pay app unpaid | $41,250 outstanding |
| 2026-07-10 | Last day of the sub's work | Lien can be recorded from here |
| 2026-07-15 | Project completed | No notice of completion recorded |
| 2026-09-01 | Notice of intent sent | Pay by 09-11 or a lien is recorded |
| 2026-09-11 | Reply date passes | 32 days still left to record |
| 2026-10-13 | Recording deadline | 90 days after completion |
Now change one fact. If the owner had recorded a notice of completion on 2026-07-20, the sub's window would have closed 30 days later, on 2026-08-19. A notice of intent sent on 2026-09-01 would then threaten a lien that could no longer be recorded. Run your own dates through the mechanics lien deadline calculator before you pick a reply date.
Lien deadline
Neither notice extends anything. A California claimant who is not the direct contractor records before the earlier of 90 days after completion or 30 days after a recorded notice of completion, whatever letters are in the post.
Which states require which
The split runs both ways. Some states require the early notice and say nothing about a notice of intent. Others skip the early notice and require the warning before filing. Texas folds both jobs into a single notice. These five rules were read from each state's statute on 2026-10-18.
| State | Start-of-job notice | Notice before recording | Cite |
|---|---|---|---|
| CA California | Required. Within 20 days of first furnishing; a late notice covers the 20 days before service and after. | Not in the statute. A voluntary letter. | Civ. Code §§ 8200, 8204 |
| FL Florida | Notice to Owner, required of lienors not in privity: before starting or within 45 days. | Not among Ch. 713's lien steps. Voluntary. | Fla. Stat. § 713.06(2)(a) |
| TX Texas | No start-of-job notice. The required notice is sent only once money is unpaid. | The notice of claim does the warning: by the 15th of the 3rd month after the work month (2nd on residential). | Prop. Code § 53.056 |
| WI Wisconsin | Subs and suppliers: within 60 days of first work, 2 signed copies. Not needed on commercial jobs or homes over 4 units. | Required. Served on the owner at least 30 days before the claim is filed; filing within 6 months. | Wis. Stat. §§ 779.02, 779.06 |
| CO Colorado | No claimant start-of-job notice in the lien article. | Required. Owner and prime, at least 10 days before filing, with an affidavit of service. | C.R.S. § 38-22-109(3) |
Texas is the one that confuses people. Since 2022 a sub or supplier there sends a notice of claim for unpaid labor or materials, and the statutory form opens with “WARNING: This notice is provided to preserve lien rights.” It goes out only once money is late, so it works like a notice of intent, yet it is a precondition to the lien, like a preliminary notice. Miss the 15th-of-the-month date and the lien for that month's work is not valid.
Wisconsin requires both. A sub on a house or a small residential job serves the 60-day notice, and every claimant, prime included, serves a notice of intent at least 30 days before filing, even if the 60-day notice already went out. Colorado has no claimant start-of-job notice but will not preserve a lien without a notice of intent served at least 10 days before the lien statement is filed.
What skipping each one costs
Skip a required preliminary notice and the damage is usually permanent. California makes the notice a necessary prerequisite to a valid lien, stop payment notice or bond claim; serve it late and you keep only work from 20 days before service onward. Florida calls a missing or late Notice to Owner a complete defense to the lien. Check whether your tier owes one at all in who can file a mechanics lien.
Skip a voluntary notice of intent and you lose nothing on paper. You lose the cheapest chance to get paid without recording, and you hand the owner a surprise lien that makes the next conversation harder. Skip it in Wisconsin or Colorado and the lien itself fails, because filing without the notice is filing a claim the statute will not enforce.
Tone, contents and delivery
Write the preliminary notice like a delivery ticket: names, addresses, the property, what you are supplying and, where the state asks (California does), an estimate of its price. No amount owed, no deadline, no warning beyond what your state's form requires. Owners and lenders see dozens of them and file them. The preliminary notice generator fills one in from your job details.
The notice of intent is firmer but still flat: the balance after credits, the last day you furnished work, the property, a reply date and a plain statement that a claim will be recorded. The notice of intent to lien generator drafts it, and the escalation guide shows where it sits between a reminder and a recorded lien.
Delivery rules apply to both, and proof of delivery is what gets tested if the lien is challenged.
| State | Accepted delivery | Cite |
|---|---|---|
| CA | Registered or certified mail, express mail, or overnight carrier | Civ. Code § 8110 |
| FL | Hand, common carrier, or registered / certified mail with proof. NTO mailed within 40 days counts on the mailing date | Fla. Stat. § 713.18 |
| TX | In person, certified mail, or a traceable service that confirms receipt | Prop. Code § 53.003 |
| CO | Notice of intent: personal service or registered / certified mail, return receipt requested, plus an affidavit | C.R.S. § 38-22-109(3) |
Quick answers
+What is a preliminary notice?
A written notice a subcontractor or supplier sends near the start of its work, telling the owner (and usually the prime and the construction lender) that it is on the job. It claims no money. In states that require it, such as California and Florida, it is a condition of being able to record a lien later.
+Is a notice of intent to lien the same thing?
No. A notice of intent goes out after a payment is missed. It names the unpaid amount and says a lien will be recorded if the money does not arrive by a stated date. Many states treat it as optional; Wisconsin and Colorado require one before filing.
+Can I send a notice of intent if I never sent a preliminary notice?
You can send the letter, but in a state that required the preliminary notice the lien it threatens may already be gone, or in California limited to work from 20 days before a late notice onward. Check that first, because an owner's lawyer will.
+Does a notice of intent extend my lien deadline?
No. The recording window keeps running while you wait for a reply. In Colorado the notice must go out at least 10 days before you file, and in Wisconsin at least 30 days before, so it has to fit inside the deadline, not after it.
Before the second letter goes out
- Was the preliminary notice served on time, and do you have the proof?
- What is your recording deadline, counted from the statute, not memory?
- Does the reply date land at least a few days before that deadline?
- Does your state require the notice, and a minimum lead time?
- Is the claim form ready in the lien form builder if the date passes?
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 2026-10-18
- Cal. Civ. Code § 8202
A California preliminary notice must describe the work, estimate its total price and carry the statutory NOTICE TO PROPERTY OWNER statement in boldface type.
Read 2026-10-18
- 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 2026-10-18
- Cal. Civ. Code § 8414
A California claimant who is NOT the direct contractor must record before the earlier of 90 days after completion, or 30 days after the owner records a notice of completion or cessation.
Read 2026-10-18
- 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 2026-10-18
- 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, by the 15th day of the third month after the month the labor or materials were provided (the second month on residential projects).
Read 2026-10-18
- Cal. Civ. Code § 8110
Unless the part says otherwise, a California notice given by mail goes by registered or certified mail, express mail, or overnight delivery by an express service carrier.
Read 2026-10-18
- Fla. Stat. § 713.18(1), (2)
Florida lien documents are served by hand, by common carrier, or by registered, Global Express Guaranteed or certified mail with evidence of delivery. A Notice to Owner mailed that way within 40 days of first furnishing, with a USPS mail log or tracking record, is served on the date of mailing.
Read 2026-10-18
- Tex. Prop. Code § 53.056(a-2), (a-3)
The Texas notice of claim for unpaid labor or materials follows a statutory form that opens: "WARNING: This notice is provided to preserve lien rights." It names the claimant, the original contractor, the work and the claim amount, and may include an invoice.
Read 2026-10-18
- Tex. Prop. Code § 53.003(b), (e)
A notice required by Texas Chapter 53 is delivered in person, by certified mail, or by another traceable delivery service that can confirm receipt. A deadline that lands on a weekend or legal holiday moves to the next business day.
Read 2026-10-18
- Wis. Stat. § 779.02(1), (2)(b)
In Wisconsin, a person other than the prime contractor has a lien only if it serves a written notice, in 2 signed copies, on the owner within 60 days after first furnishing. The notice is not required on wholly residential jobs adding more than 4 living units, on partly or wholly nonresidential jobs, or from a laborer.
Read 2026-10-18
- Wis. Stat. § 779.06(1), (2)
No Wisconsin lien claim may be filed unless, at least 30 days before filing, the claimant serves the owner a written notice of intent to file a lien claim describing the claim, its amount and the land. It is required even if a 779.02 notice was given. The claim itself is filed within 6 months of the last work.
Read 2026-10-18
- C.R.S. § 38-22-109(3), (5)
To preserve a Colorado lien, a notice of intent to file a lien statement is served on the owner and the prime contractor at least ten days before filing, by personal service or registered or certified mail, return receipt requested, and an affidavit of service is filed with the statement. Most claimants file within four months after their last work.
Read 2026-10-18
Related
- Preliminary notice: who sends one and when2026-09-046 min readThe start-of-job notice in depth.
- Notice of intent to lien2026-09-045 min readWhat the warning letter must say.
- Preliminary notice generatorFill and print one.
- Notice of intent to lien generatorDraft the 10-day letter.
- Mechanics lien deadline calculatorCount back from the real date.