As a contractor, there are a number of actions you must take prior to the start of a project. One that must not be overlooked is the submittal of a preliminary notice to the construction site owner. A preliminary notice is a notice submitted by a contractor, subcontractor or materials supplier to a property owner, indicating that the right to enforce a mechanic’s lien will be enacted if payment is not made for services or materials rendered. Submitting preliminary notices are instrumental in making sure that any liens you attempt to enforce will be valid.
In the first part of this series, our Tallahassee construction law attorneys discussed several reasons why sending a preliminary notice should be a part of what you do on each project. In part two of this series, we will present a couple more reasons why preliminary notices can help you. We will also provide tips for the information that you should provide on it.
Preliminary Notices Make it Less Likely That You Will File a Lien
The irony of preliminary notices is that it could prevent you from doing the one thing that it allows you to do. By sending a preliminary notice, you make paying your invoice a higher priority in the mind of a site owner. No site owner wants to deal with a lien on their property. However, sending a preliminary notice indicates that you will do just that, if necessary. Ultimately, the site owner pays you and you don’t have to enforce the mechanic’s lien.
Preliminary Notices Open the Lines of Communication
Even if you are not required to submit a preliminary notice, it can’t hurt to do so. It lets a site owner know who you are and what expertise you bring to the project. It makes you look more professional. This could increase your chance of procuring more work in the future.
What Should a Preliminary Notice Include
Some of the items a preliminary notice should include are:
- Your name
- The site owner’s name
- The services you provide on the project and relationship to the site owner (contractor, subcontractor, etc.)
- Name of the contractor who hired you
- Project Location
- Price for the Services Rendered
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.