Does a Preliminary Notice or Notice to Owner Need to Be Notarized?

Preliminary Notice vs. Notice to Owner

• Preliminary Notice
• 20-Day Preliminary Notice
• Notice to Owner
• Notice of Right to a Lien
• Notice of Furnishing
• Notice to Contractor
• Notice of Nonpayment

These documents are not necessarily interchangeable.

The title alone does not establish the execution requirement. Always use the current state- and project-specific form.

California Preliminary Notices Are Not Mechanics Liens

Florida's Notice to Owner Form Does Not Contain a Notarial Certificate

• The owner
• The services or materials being furnished
• The improved property
• The party that ordered the work or materials
• The lienor
• The lienor's signature
• The date and address

The statutory Notice to Owner form shown in section 713.06 does not contain a notarial certificate. Florida's Notice to Owner should not be confused with Florida's Notice of Commencement or Claim of Lien. The Notice of Commencement uses a notarized owner or agent signature, and the Claim of Lien is signed and sworn or affirmed. The Notice to Owner serves a different function.

Texas Uses Statutory Notices to Owners and Contractors

Oregon Distinguishes Notice Documents From the Lien Claim

• A contractor dealing directly with a residential property owner may have to provide an Information Notice to Owner About Construction Liens.
• A party without a direct contract with the owner may need to provide a Notice of Right to a Lien.
• Sending a Notice of Right to a Lien is not the same as filing the lien claim.
• The notice warns the owner of the possibility of a later lien.

This is another example of a notice-centered process in which delivery and statutory content are distinct from the later recorded lien.

Why These Notices Usually Are Not Notarized

Many early construction notices are designed to communicate information and document delivery to specified project parties.

• Correct statutory wording
• Correct project information
• Proper recipient
• Correct address
• Approved delivery method
• Proof of mailing or service
• Timely delivery
• Retention of delivery records

A notarial certificate does not prove any of those requirements. Notarizing the sender's signature cannot establish that the notice was mailed, delivered, or received on time. It also cannot prove that the sender qualifies for lien or bond rights.

When Might Notarization Still Be Requested?

Notarization may be requested when:

• A project-specific form contains a notarial certificate.
• A public-project or payment-bond form requires an oath.
• A contract requires a notarized certification.
• The notice is combined with an affidavit.
• A lender or project administrator uses a notarized form.
• A foreign owner or receiving party requests authenticated execution.
• A state uses a differently titled sworn notice.

The sender should identify the actual document and notarial wording. A notary should not add a certificate simply because the sender wants the document to appear more official.

What the Notary Cannot Determine

A notary cannot determine:

• Whether the sender qualifies as a lien claimant.
• Whether preliminary notice is required.
• Which parties must receive the notice.
• The correct delivery method.
• The notice deadline.
• Whether late notice has partial effect.
• Whether notice preserved lien or bond rights.
• Whether a Notice to Owner should be combined with another notice.
• Whether service was legally sufficient.
• Whether the sender should later record a lien.

These questions require the current statute, official instructions, or qualified legal guidance.

Can a Preliminary Notice Be Notarized Online?

Preparation Checklist

Before sending or signing a preliminary notice:

The notary session, if any, is only one part of the workflow.

• Obtain the current state- and project-specific form.
• Confirm the exact document title.
• Verify the project and property information.
• Identify the sender and customer.
• Identify every required recipient.
• Confirm delivery instructions independently.
• Obtain the deadline from an authoritative source.
• Determine whether proof of mailing or service is required.
• Confirm whether a signature is sufficient.
• If notarization is required, identify the notarial act.
• Keep copies and delivery records.

Key Takeaway