A New York preliminary notice serves as a useful tool to expedite payments on construction projects. This document, often provided to the property owner early in the project, offers essential information about the work being done. Here’s a breakdown of the key guidelines and requirements for sending a preliminary notice in New York.

Key Takeaways

• Preliminary Notices Are Not Required: New York does not mandate preliminary notices for construction projects, making it a non-notice state, though sending one can help streamline communication and payments.
• Home Improvement Contracts Have Specific Requirements: For direct contractors working on home improvement projects, New York law requires a notice about potential lien exposure, protecting both homeowners and contractors.
• Early Communication Can Speed Up Payments: While not mandatory, sending a preliminary notice early in the project enhances visibility, encourages communication, and can help accelerate the payment process.

Do I Need to Send a New York Preliminary Notice on Private Projects?

No, New York does not require preliminary notices as part of its mechanics lien rights process, making it a non-notice state. In most cases, construction participants are not obligated to send a preliminary notice to maintain their rights.

That said, sending a preliminary notice voluntarily can enhance project transparency, encourage communication, and potentially streamline payment processes.

Important: For home improvement contracts involving direct agreements with homeowners, specific contractual obligations apply. One such requirement is a notice informing the owner of possible lien exposure related to the project.

When Do I Need to Send a New York Preliminary Notice on Private Projects?

Because preliminary notices aren’t mandatory in New York, there’s no defined deadline for sending one. However, if you choose to send a notice, doing so early in the project is ideal. Establishing communication and enhancing visibility from the beginning can play a key role in expediting payments.

How Should the New York Notice Be Sent on Private Projects?

With no strict regulations in place, using standard mail or even email is acceptable for sending the notice.

Do I Have to Send the New York Preliminary Notice to Someone Other Than the Owner?

Preliminary notices are typically directed to the property owner. However, if you choose to send one, it’s a good practice to share it with all relevant parties in the payment hierarchy, including your direct employer and the general or prime contractor.

Do I Need to Send a New York Preliminary Notice on Public Projects?

No, New York does not mandate preliminary notices, as it is considered a non-notice state. Construction participants are generally not obligated to send a notice to safeguard their mechanics lien rights.

However, sending a preliminary notice can still be beneficial for increasing project transparency, fostering communication, and aiding in payment processes.

Additionally, if the project involves a payment bond, it’s advisable to request a copy to determine whether any specific notice requirements apply.

When Do I Need to Send a New York Preliminary Notice on Public Projects?

As preliminary notices are not mandatory, there’s no set timeframe for sending one. However, if you opt to send a preliminary notice New York, it’s advisable to do so as early as possible. Starting communication and improving project visibility from the beginning can help accelerate payment processes.

How Should the New York Preliminary Notice Be Sent on Public Projects?

Since there are no particular guidelines, standard mail or even email is acceptable for sending the notice.

To Whom Must the New York Preliminary Notice Be Given on Public Projects?

Preliminary notices are typically addressed to the prime contractor who secured the bond for the public project. However, if you choose to send one, or if the bond stipulates notice, it’s recommended also to send copies to the contracting agency and the surety.

About New York Preliminary Notices

New York takes a unique stance on preliminary notices: its lien law states that they are not required for any participant in any project. This makes the state an exception, as most states have at least some notice requirements when it comes to construction payment laws.

While the mechanics lien law in New York does not mandate preliminary notices, there is an exception for direct contractors working on “home improvement contracts.” These contracts, defined by New York’s General Business Law, apply to projects involving the repair, remodeling, or construction of residential properties or custom homes. These specific rules are in place to protect homeowners, who may not be well-versed in contractual law or construction matters, given that their home is often their largest investment.

Under GBS § 771, home improvement contracts must include a notice informing the property owner that unpaid contractors or material suppliers may file a lien against the property. Additionally, the contract must state, in boldface type, that any contractor or supplier not paid for their services may have a legal claim known as a mechanics lien. The contract should also specify that the lien may be discharged with payment and that homeowners should consult an attorney to understand their rights.

Though this requirement is not technically a preliminary notice under the mechanics lien law, it serves a similar purpose for contractors working on residential projects.

Even though traditional preliminary notices are not required in New York, sending one can still be beneficial. It helps increase project visibility, encourages communication, and can expedite the payment process.

How to Send a Preliminary Notice in New York

Download the Notice Form

Access a free preliminary notice template.
This standard form can be used in New York or any state where notice isn’t required. Our free forms help provide essential information about your business to the property owner, general contractor, and other relevant parties on the project.

Complete the Form

Take care to fill it out accurately.
Once you have the form, fill it out thoroughly. Be precise, as general contractors and property owners often rely on this document for communication. Errors in your New York preliminary notice could lead to payment delays.

Send the Notice

Choose your preferred delivery method.
New York doesn’t set specific rules for sending the preliminary notice, so you can deliver it in whichever way you find most suitable.

Get in Touch

While New York’s lien law does not require preliminary notices, sending one can still offer benefits such as improved project transparency, better communication, and faster payments. Although not mandatory, voluntary notices can promote clarity and foster positive relationships among project participants. 

For home improvement contracts, specific notice requirements are in place to inform homeowners of potential lien exposure, offering additional protection for contractors and material suppliers. Whether on private or public projects, it’s always a good practice to consider sending a preliminary notice early to help facilitate the payment process.

At CRM Lien Services, we have been serving customers across the country with required reference documentation for lien claims since 1986. We provide expert guidance, helping contractors and suppliers safeguard their payment rights through seamless and timely preliminary notice and lien filings. 

We have a wealth of expertise, are licensed and insured, and have a team of highly knowledgeable document processors. If you’re looking for a straightforward process for filing a preliminary notice and mechanics lien, give us a call or shoot us an email.