Special Requirements of Lower Tier Subcontractors

Parties not in privity of contract with the owner of the property, structure, or improvement must provide a separate notice to the owner in addition to the notice required to be recorded with the clerk. There are separate forms for notice to the owner and notice filed with the Clerk.

There also are separate time requirements to provide notice to the owner, which is within 100 days from the completion of work or the last provision of materials. Notice to the owner must be provided in the same manner as legal notice or summons is served. It has been held that failure to properly serve notice on the owner is fatal to the lien.

Parties not in privity of contract with the owner may provide preliminary or advance notice to the owner prior to providing work or materials stating that the party will look to the owner for payment if unpaid by the party with whom he has contracted such preliminary notice relieves the party from providing separate notice to the owner of his claim of lien. Such preliminary notice is optional, and failure to do so does not impair a lien if otherwise perfected and preserved.