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preliminary notice
In Mechanics lien law a ''Preliminary Notice'' (also known as a Notice to Owner, Materialmens Notice to Owner, Notice of Furnishing, Contractor/Subcontractors Notice to Owner, and others) is a notice sent by the general contractor, subcontractor, materialmen, equipment lessors or other parties to a construction project ''not'' to create a Mechanics lien but rather to establish the ''right to file a Mechanics lien'' in the event of nonpayment.〔(【引用サイトリンク】url=http://www.zlien.com/preliminary-notice/ )〕 The distinction is important. If the Preliminary Notice is sent but the claimant's bill is paid, the Preliminary Notice has no further legal effect. However, if the bill is not paid the claimant may now file a Mechanics lien on the owner's property. Most states do not allow the filing of a Mechanics lien without claimants being able to prove they first sent a Preliminary Notice.
==Preliminary Notice Requirements==
In the United States, about forty states now require that some form of Preliminary Notice is sent to the owner and/or general contractor of a construction project in order to protect lien rights. In states that require preliminary notices, several variables can affect Preliminary Notice requirements. These factors include contract type (whether the lien claimant is contracted directly with the owner or with a third party such as the general contractor), contract value (some preliminary notices are only required when the contract is above a certain dollar amount), and project type (sometimes specific rules apply to construction on condominiums and other structures with multiple owners).
Some states require that Preliminary Notices contain specific language. This information is generally specified in the lien statute of that state. If the Preliminary Notice does not contain the proper information and wording necessitated by the statute, the notice may be invalid which can result in the forfeiture of lien rights. Most Preliminary Notice forms can be obtained from websites that provide free resources, and a few computer programs exist to handle the process on a nationwide basis.
While some states have no Preliminary Notice requirements at all and others only require Preliminary Notice from certain parties, it is generally beneficial for all parties to send preliminary notice. In addition to protecting lien rights, Preliminary Notices ensure that parties at the top of the payment chain are made aware of who is working for them on a project.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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