Preparing and Serving the
Notice of Furnishing

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Any potential lien claimant must prepare and provide to the owner (or the owner's designee) a notice of furnishing in order to protect its lien rights. The notice of furnishing must be served on the owner within 21 days of the supply of labor or materials to the project.

The notice of furnishing must contain the following information: (a) the name of the owner or the owner's designee; (b) the name and address of the original contractor under which the claimant is performing work or supplying materials; (c) the name and address of the contractor the claimant has a contract with; (d) a reasonable identification of the property; (e) the date the labor or supplies were first provided, and (f) the name and address of the claimant. See form attached.

Practical pointers:

• The notice of furnishing goes back 21 days, to protect any labor or supplies provided 21 days before the service of the notice of furnishing.
  
• Failure to serve the notice of furnishing results in forfeiture of lien rights.
  
• If you're late to serve the notice of furnishing, but you are still working or you have worked within the last 21 days, file the notice of furnishing. Then, all work performed 21 days before the service of the notice of furnishing will be protected.
  
• If you failed to file the notice of furnishing and your work is done, make a formal request for a notice of commencement from the owner, by certified mail. If the owner doers not respond within 10 days after receipt, the requirement to serve the notice of furnishing may be excused.

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