What are the Deadlines for Serving a Pre-Lien Notice Letter on a Commercial Project?

Contractors Who Were Hired by the Property Owner

If you were hired by the property owner, then you are not required to serve a pre-lien notice letter before you can file a lien against the property.  Click here to File A Lien.

Subcontractors Who Were Hired by the General Contractor

If you were hired by the general contractor you must serve the owner with written notice of the unpaid balance by registered or certified mail by the 15th day of the third month following each month in which all or part of the labor was performed or material (including specially fabricated material) was delivered to the project.  Click here to Serve A Pre-Lien Notice Letter.

Subcontractors and Suppliers Who Were Not Hired by the Owner or the General Contractor

All other subcontractors or suppliers who were not hired by the owner or the general contractor (also known as Second-Tier Subcontractors) must send two pre-lien notice letters before filing a lien.  The first letter must be sent by registered or certified mail to the general contractor by the 15th day of the second month following each month in which all or part of the labor was performed or material (including specially fabricated materials) was delivered to the project.

You must also send written notice of the unpaid balance by registered or certified mail to the owner (or reputed owner) and general contractor by the 15th day of the third month following each month in which all or part of the labor was performed or material (including specially fabricated material) was delivered.

These two notice requirements may be combined into one notice letter and sent to both the owner and the general contractor, if sent by the 15th of the second month.

If the 15th falls on a Sunday or a legal holiday, then serve the letter on the preceding business day to ensure that it has been sent timely.