Both documents are crucial to construction payments, but the key difference lies in their timing and purpose. They occur at opposite ends of the project. A Preliminary Notice is a routine introduction sent when you start work to protect your future rights. A Notice of Intent (NOI) to file a claim of lien is a final warning sent when you finish work (or stop) and haven’t been paid.
Note: In Washington and Oregon, the preliminary notice and notice of intent are essentially the same step. The distinction matters most in states like North Dakota or Wyoming, where a formal notice of intent is required before claiming a lien. Read our full guide below, reviewed for accuracy by lien specialists. Updated: February 2026.
Watch this short explainer video showing the difference between a Prelim Notice and Notice of Intent to file a claim of lien.
| Feature | Preliminary Notice | Notice of Intent (NOI) |
|---|---|---|
| Primary Purpose | Routine introduction to secure future lien rights. | Final warning to demand payment before filing a lien. |
| When to Send | Start of Project (e.g., within 20 days of first delivery). | End of Project (only after payment is overdue). |
| Tone | Friendly / Transparent | Serious / Urgent |
| Required? | Yes (in most states to protect rights). | Varies (Mandatory in ND, CO, WY; voluntary elsewhere). |
| Risk | If missed, you typically lose all lien rights. | If missed (when required), you cannot file a valid lien. |
Although people often use these terms interchangeably, their purposes differ in some states: a preliminary notice is just a standard letter telling the property owner about your work, while a notice of intent is a stronger warning showing you plan to file a lien.
Save this infographic guide that shows the clear difference between a 20-day preliminary notice and a notice of intent to lien.
The requirements for both documents vary by state, further complicating the process for contractors. But don’t worry, that’s where the expert team at Northwest Lien can help!
Not sure what you need? Get guidance and expert advice on your filing with one of our lien advisors.
A Preliminary Notice, or pre-mechanic’s lien notice, serves as a formal introduction and a legal requirement. Its primary goal is to establish transparency between a property owner and parties working on the project who do not have a direct contract with the property owner (such as subcontractors or suppliers).
Because it serves as an introduction to the owner, this notice is sent proactively, typically well before payment is due or even before work begins.
In short, preliminary notice requirements apply to nearly everyone who is not directly contracted with the property owner. To secure the right to file a mechanics lien later, the following parties typically must send this notice:
The 20-Day Preliminary Notice serves two critical functions in the construction payment process:
Sometimes, the term “sending preliminary notice” is used broadly to refer to the “Notice of Intent to Lien.” This is because in some states (like North Dakota or Wyoming), the only required notice is the one sent right before the lien is filed. However, for most projects, they are two separate documents sent at different times.
Every state has a slightly different name and deadline for “sending preliminary notice.” For example:
Lien claimants who haven’t directly contracted with the owner (i.e., subcontractors, laborers, or suppliers) must send notice of right to lien within 8 days of first furnishing to preserve their lien rights. Learn how to send notice in Oregon.
Lien claimants with a direct contract with the owner (known as “original contractors” in Oregon) do not have to send preliminary notice to preserve their lien rights; however, original contractors working on “residential structures” worth over $2,000 do have to file what’s known as an “Information Notice to Owner” within 75 days of job completion.
In Washington, the requirement to send a preliminary notice depends entirely on your role and the type of project. Unlike some states that apply a blanket rule, Washington splits requirements between Subcontractors and Prime Contractors.
If you provided “professional services, materials, or equipment,” you are generally required to send notice to the property owner to preserve your lien rights. The deadline depends on the project type:
ℹ️ Exemption for Laborers: According to Washington RCW 60.04.031, if you only provided labor (no materials or equipment), you may claim a lien without sending a preliminary notice.
Because Prime Contractors contract directly with the property owner, they are usually exempt from standard preliminary notices. However, for residential jobs or projects over a certain value, they are often required to provide a “Washington Model Disclosure Statement.” Failure to provide this can still jeopardize lien rights.
A notice of intent to lien, or “Intent to Lien” letter, is an official demand. You send it after the preliminary notice but before filing a mechanic’s lien. It’s more serious than the initial notice, which is just a precaution. The intent to lien warns property owners that you mean business, often speeding up payments, usually in about 20 days. It’s smart to file both notices, even if not required, to show you’re ready to take all legal steps. Missing the right filings could mean losing your chance to file a mechanic’s claim.
To be effective (and taken seriously), your Notice of Intent must contain specific details. A generic letter often isn’t enough. Ensure your document includes:
The Notice of Intent is an effective collection tool in construction. The purpose:
In Washington and Oregon, sending an NOI is technically voluntary but strongly recommended, as it often results in payment without requiring additional paperwork.
No. Receiving a preliminary notice is a standard, routine part of the construction process. It does not mean you are being sued or that a lien has been filed. It simply means a subcontractor or supplier is following the law to protect their future payment rights. You should appreciate this, as it clearly shows who is working on your property.
Review and file it. Check that the sender’s information matches a company actually working on your project (ask your General Contractor if you aren’t sure). Keep the document safe. When you eventually pay your General Contractor, ensure you get a “Lien Waiver” from the company that sent this notice to prove they have been paid.
Act immediately. Unlike a preliminary notice, a Notice of Intent (NOI) is a serious warning that payment is overdue and a lien is about to be filed against your property. Contact the sender right away to resolve the dispute or demand proof of the debt. Ignoring this notice usually results in a recorded lien within 10 days.
A valid Notice of Intent must be a formal legal document, not just an email. It should include your claim amount, property description, owner details, and a clear statement warning that a lien will be filed if payment is not made by a specific date.
Pro Tip: Proper wording matters. Let our experts draft it for you to ensure it complies with your state’s specific statutes.
Objection to NOI must respond in writing immediately. Send a formal letter (via certified mail) disputing the debt. Provide evidence such as cancelled checks, lien waivers, or photos of defective work. If the dispute is valid, the claimant may back down. If you are unsure of the law, consult a construction attorney immediately.
In construction, a “Letter of Intent” is usually a non-binding agreement sent before a contract is signed to indicate a desire to do business. This is completely different from a “Notice of Intent to Lien,” which is a debt collection tool sent after work is done to demand payment.
Don’t risk your payment by guessing. Whether you need a Preliminary Notice to start a job or a Notice of Intent to collect unpaid bills, Northwest Lien handles the paperwork for you. Trusted since 1999.
“Great and easy experience with NW Lien Service. We will definitely continue using their service if we are ever in need again and highly recommend their service.” – Roz Marcelino-Brown, Verified Customer
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Mechanics lien laws are complex and vary by jurisdiction. For specific legal guidance regarding your situation, please consult with a qualified attorney licensed in your state.
