Notice to Owner Requirements by State: Complete Guide

I once watched a subcontractor lose a $180,000 lien claim because they missed a preliminary notice deadline by three days.

Three days. That's all it took to transform an enforceable $180,000 claim into worthless paper.

Notice to owner requirements (also called preliminary notices, pre-liens, or notice of furnishing) are some of the most commonly missed deadlines in construction. They vary wildly by state, and the consequences of missing them are severe.

Let me give you the guide I wish someone had given me when I started in this industry.

What Is a Notice to Owner?

A notice to owner (NTO) is a document that a contractor, subcontractor, or supplier sends to notify the property owner (and sometimes other parties) that they're providing labor or materials to a construction project.

The purpose is twofold:

**For the sender:** It preserves your right to file a mechanics lien if you're not paid. In most states, no notice = no lien rights.

**For the owner:** It alerts them that someone other than their GC is working on the project and expects payment. This helps owners ensure their payments to the GC are being passed through.

Different states call this document different things:

Why Preliminary Notices Matter

Let's be clear about the stakes:

**Without proper notice, you may lose:**

**With proper notice, you:**

In my experience, subcontractors who send preliminary notices on every project get paid faster and more consistently — not because they file more liens, but because owners pay closer attention to payment flow when they know multiple parties have lien rights.

State-by-State Overview

Here's where it gets complicated. Each state has different rules. I'll highlight some key states, but you should verify current requirements for your specific situation.

California

**Required?** Yes

**Deadline:** Within 20 days of first furnishing labor/materials

**To Whom:** Owner, GC, and construction lender

**Form:** State-specific form required

**Consequence of Missing:** Lose lien rights for any work done more than 20 days before the notice was sent

Florida

**Required?** Yes (for non-contracting parties)

**Deadline:** Before starting work, or within 45 days of first furnishing

**To Whom:** Owner, GC, surety

**Form:** Statutory form required

**Consequence of Missing:** Lose all lien and bond rights

Texas

**Required?** Depends on tier

**Deadline:** Residential - by 15th of 2nd month after labor begins; Commercial - by 15th of 3rd month

**To Whom:** Owner and GC

**Form:** Statutory notices required

**Consequence of Missing:** Lose lien rights for the notice period affected

New York

**Required?** Generally no preliminary notice required

**Exception:** Public works have specific notice requirements

**Lien Rights:** More permissive than most states, but document everything

Arizona

**Required?** Yes

**Deadline:** Within 20 days of first furnishing

**To Whom:** Owner, GC, and construction lender

**Form:** Statutory form required

**Consequence of Missing:** Lien rights limited to 20 days before notice was sent

Georgia

**Required?** Yes, for subs/suppliers

**Deadline:** Within 30 days of beginning work or first delivery

**To Whom:** Owner and contractor

**Form:** Statutory language required

**Consequence of Missing:** Lose lien rights

Nevada

**Required?** Yes

**Deadline:** Within 31 days of first furnishing

**To Whom:** Owner, GC, and construction lender

**Form:** Statutory form required

**Consequence of Missing:** Lose lien rights for work done before notice

Washington

**Required?** Yes

**Deadline:** Within 60 days of first furnishing

**To Whom:** Owner (at minimum)

**Form:** Specific statutory form

**Consequence of Missing:** Lose lien rights for work more than 60 days before notice

Oregon

**Required?** Yes

**Deadline:** Within 8 business days of first furnishing

**To Whom:** Owner, mortgagee, and construction lender

**Form:** Specific statutory form (Notice of Right to a Lien)

**Consequence of Missing:** Lose lien rights

Common Elements Across States

While requirements vary, most states share some common principles:

Who Needs to Send?

Generally: subcontractors, sub-subcontractors, suppliers, and equipment lessors. GCs with direct contracts usually don't need preliminary notices, but subs always do.

What Information?

Name and address of sender, description of labor/materials, project address, owner name, GC name, estimated total amount.

How to Send?

Most states require certified mail or personal delivery. Some now accept electronic delivery. Keep proof of sending.

What Happens on Long Projects?

Some states require renewed or updated notices on projects lasting more than a certain period. Track this carefully.

Best Practices for Preliminary Notices

Based on years of experience, here's what I recommend:

Send on Every Project

Don't try to evaluate which projects "need" notices. Just send them. The cost is minimal; the downside of missing one is catastrophic.

Send Early

Don't wait until the last day. Send as soon as you start work or deliver materials. Give yourself buffer time.

Use Statutory Language

Don't try to rewrite the required language. Use state-approved forms or language exactly as specified.

Send to All Required Parties

If the statute says owner, GC, and lender, send to all three. Missing one party can invalidate the notice.

Keep Proof

Certified mail receipts, tracking numbers, signed delivery confirmations. You may need to prove you sent the notice years later.

Track Deadlines Carefully

Set calendar reminders. Use construction management software. Don't rely on memory.

Update as Needed

If your contract amount changes significantly, some states require updated notices. Stay on top of changes.

Common Mistakes

Wrong Property Description

The notice must identify the property correctly. Verify the legal address before sending.

Wrong Owner Name

Sending to the GC but not the actual property owner. Research ownership if you're not sure.

Wrong Entity Name

"John Smith" is different from "John Smith, LLC." Use the correct legal entity.

Late Mailing

Printing the notice on time but not mailing it until the deadline passes. Mail date is what matters.

Incomplete Information

Missing required details like lien claimant's license number (required in some states).

Wrong Form

Using an out-of-date form or a form from another state.

Technology Solutions

SubPaid automates preliminary notice tracking and generation. When you enter a project, the system identifies which states' requirements apply, generates the correct forms, and reminds you of deadlines.

It's like having a lien rights specialist watching every project.

When to Get Professional Help

Consider consulting a construction attorney when:

The cost of a quick consultation is nothing compared to losing lien rights.

Frequently Asked Questions

If I miss the deadline, do I lose all rights?

Usually you lose lien rights for work done before the notice period. Some states allow you to preserve rights for future work by sending late notice. Consult an attorney.

Do I need to send notice on every project?

Best practice is yes. Some states have exemptions for small projects or certain types of work, but the safest approach is to send notice consistently.

Can I send notice after I've been paid?

You can, and some contractors do to preserve rights for any future invoices. But sending notice doesn't guarantee anything if you've already been fully paid.

What if I don't know who owns the property?

Research it. County property records are usually available online. This information is essential.

How do I prove I sent the notice?

Certified mail with return receipt is the gold standard. Keep all receipts and delivery confirmations indefinitely.