Preliminary Notice-Private Works

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for its content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Preliminary Notice for Furnishing Labor, Materials or Equipment.

Scope: State of Virginia, Private Works

Time Constraints: A Virginia Preliminary Notice for Furnishing Labor, Materials or Equipment is only required for one or two family residential dwellings. In those cases, it must be prepared and served on the owners, general contractors and sureties by personal service or certified mail within 30 days of your first furnishing of labor, materials or services.

It is our suggestion that to avoid errors every private works job should be served with a Preliminary Notice.

Important: There is a maximum 150 day 'reach-back' period for any lien claim. Don't let your date of last furnishing get too far out!

Information Requirements: The information required by program and whether you intend to send an owner cover letter.

Form Types: Preliminary Notice for Furnishing Labor, Materials or Equipment, Exhibits A-D (if needed) and Owner Letter (if used).

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. Copies of all of the forms (less the Owner Cover Letter and the Recorder Letter) must be sent to all legal owners, all general contractors and all sureties. Sending a copy to your customer is optional (unless they are the owners, general contractors, lenders or sureties!).

When in doubt, file your lien claim immediately.

Important: If you fail to prepare and serve your Preliminary Notice within the time constraints listed above after first furnishing of labor, materials or service, you will lose your right to lien.

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