What is a Notice to Owner?

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner a Notice to Owner in order to have lien rights on a particular project.  A notice to owner notifies the property owner that you have been contracted by a party other than the property owner to provide services and/or materials to his or her property. The Notice to Owner puts the property owner on notice that failure to make sure that you are paid for services and/or materials provided could result in a lien being filed against the property and his or her having to pay twice for the same services and/or materials. The Notice to Owner must state the lienor's name and address, a description of the real property and the nature of the services or materials being furnished. The Notice to Owner must be served before commencing, or within 45 days of commencing, to furnish the services or materials. The 45 day deadline cannot be extended. If the lienor provides specially fabricated materials, then the first day is the day when fabrication began. A lien cannot be enforced unless the lienor has served the Notice to Owner. For a lienor who performs work during the final phase of a project, the Notice to Owner must be served before the project is completed, before the contractor has furnished its Final Contractor’s Affidavit and before the owner disburses final payment.