States either require a Notice of Right to File Lien, a Notice of Intent to File Lien or both. Some states don’t require any notices. The following is a cheat sheet to help know whether any notice is required and the type for each state:
Notice of Right to File a Lien:
Alaska, Arizona, Arkansas, California, Colorado, Florida, Georgia, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Hampshire, New Mexico, Ohio, Oklahoma, Oregon, Tennessee, Utah, Washington, West Virginia, Wisconsin, Wyoming.
Notice of Intent to File a Lien:
Alabama, Arkansas, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Kentucky, Louisiana, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, New Jersey, New York, North Carolina, North Dakota, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
The Main Difference Between the Two Types of Notice is the Timing
Right notices are generally required at the beginning of work, although some states will let you file late but it limits the coverage of the lien. Intent notices aren’t necessary until you haven’t received payments that are owed and you intend to file a lien. Intent notices generally have a time limit, so don’t wait too long before filing, even if you receive sincere promises of payment from the company that owes you money.
States Use Different Names For Each Notice
States also don’t use the same names for the each of these notices. For example, Massachusetts’ name for a Right notice is “Notice of Contract” and Hawaii’s name for an Intent notice is “Application for a Lien”. No matter the name, it’s important that you know what is required in every state you perform work in.
Who Gets The Notice
States will also vary on who gets the notice. Some states only require that you send the notice to the owner of the property. Others require notice to all contracts above you up to the owner. Some states even require that Right notices and/or Intent notices be filed in a county or other official record.
The Information Required for Each Notice
Each notice you send will require specific information be included or the notice will not be valid. Some state’s will provide a form to help you avoid leaving out required information but that is rare. Most states list the requirements in the statutory laws and assume you will find and understand the requirements. Either way, it’s vital to get the notices right or all your work to protect your payments will be void.
The Rules Change
Finally, the rules on these notices can change depending on factor such as: what tier subcontractor are you from the owner, is the work private or public, is the work residential or commercial, does the project involve railroads or other public works properties with special requirements. This 2-minute summary is only the beginning to your understanding of each state’s notice requirements. If you truly want to protect your lien rights and receive the money you’ve earned, it is always best to consult a local lien attorney to assure your rights to payment are protected.
Frequently Asked Questions
How many states require lien notices?
About 35 of the 50 U.S. states require a preliminary notice from sub-tier claimants at the START of work (typically 10-90 days from first furnishing). About 20 states require a Notice of Intent to Lien BEFORE recording the actual mechanics lien (typically 10-90 days before filing). Some states require BOTH. States that do NOT require any pre-lien notice include New York, Illinois (for most claimants), Pennsylvania (for most claimants), Massachusetts, Connecticut, Rhode Island, and a few others. Even in non-requiring states, optional notice procedures may strengthen later lien rights.
What are the shortest preliminary notice deadlines?
Shortest preliminary notice deadlines: Oregon (8 business days for material suppliers under ORS § 87.021 — shortest in the U.S.), Utah (20 days under Utah Code § 38-1a-501), California (20 days under Cal. Civ. Code § 8200), Arizona (20 days under A.R.S. § 33-992.01), Ohio (21 days under Ohio Rev. Code § 1311.05). These tight windows make pre-project notice planning essential — most claimants who miss a deadline never recover the unpaid amounts on liens or bonds.
What are the longest preliminary notice deadlines?
Longest preliminary notice deadlines: Washington (60 days Pre-Claim Notice under RCW 60.04.031), Florida (45 days Notice to Owner under Fla. Stat. § 713.06), Nevada (31 days Notice of Right to Lien under NRS § 108.245). Even these longer windows fill up quickly on fast-moving construction projects — by the time a contractor realizes payment is slow, the notice deadline has often already passed. Plan notice service for project start day, not when problems arise.
Do I need to serve notices in states that don't require them?
It strengthens lien rights even in non-requiring states. Serving an unsolicited notice in New York or Illinois puts the owner on documented notice of the claim. If a payment dispute arises, the served notice becomes evidence of good-faith notification and may improve settlement leverage. Practical recommendation: serve a preliminary notice (or equivalent letter) on every project regardless of state requirement. The cost is minimal and the upside is meaningful — particularly for sub-tier claimants who do not have a direct relationship with the property owner.
What's the difference between a preliminary notice and a Notice of Intent to Lien?
PRELIMINARY NOTICE: served at the START of work to alert the owner that the claimant is on the project — required in about 35 states, typically within 10-90 days of first furnishing. NOTICE OF INTENT TO LIEN: served BEFORE recording the actual lien, after the payment dispute has arisen — required in about 20 states, typically 10-90 days before lien recording. Some states require BOTH (notice at project start AND notice before filing lien). Missing either deadline can permanently bar lien rights — they are separate prerequisites with separate clocks.
How do I serve a lien notice properly?
Most states require service by certified mail with return receipt requested, registered mail, or personal delivery. First-class mail alone is usually insufficient and produces an unenforceable notice. The notice must typically be served on: (1) the property owner of record; (2) the general contractor or prime contractor; (3) the construction lender if one is involved. Some states require additional service (project lender, surety, county recorder). Retain certified-mail return receipts permanently — they prove timely service in any future lien foreclosure.
How does National Lien & Bond track lien notice deadlines across 50 states?
National Lien & Bond's 50-state deadline tracking system enters every claimant's project information into a unified calendar that calculates and monitors all required notice deadlines for the state of the project. The system fires escalating alerts at 60, 30, 14, 7, and 1 day before each deadline. Combined with Hal Emalfarb's Illinois-admitted firm and the 50-state network attorney coverage, the tracking system prevents the missed-deadline forfeitures that cause most mechanics lien losses. Contact NLB for a free initial consultation.