Notice of Intent to Lien PDF Details

A notice of intent to lien usually gets sent when payments are slow to come in on a construction or improvement project – even if the work is still moving ahead as planned. More often than not, delayed payments are the result of cash flow issues, billing disputes, or change orders.

Sometimes the owner pays the prime contractor, but the sub or supplier never gets paid for their work performed. Other times, the owner disputes the quality or scope of the work and holds back on payment.

The people who usually send the lien notice are contractors or suppliers who've tried to collect payment but have come up empty-handed. Invoices are still sitting unpaid, phone calls go unanswered, and follow-ups fall flat. Timing is everything here – most send this document before filing a mechanics lien claim or serving a stop notice, using it as a dead serious warning. In the construction industry, the recipient sees it as a last chance to pay up before things start affecting the property or the money on the project.

Note - Even if it's not formally required in your state, a contractor who's provided services would do well to send the right form to protect their payment rights and avoid delays.

In particular, owners and lenders tend to get their act together as soon as they see that a lien's going to affect the title, financing, or project completion. So the intent notice usually leads to payment talks or some kind of negotiated resolution.

Also, if payment comes through, you don't need to go ahead with filing the actual lien. At that point, you can opt to send a lien waiver to confirm that no lien rights are attached to the property once you've accepted the payment.

Who Can Send the Intent to Lien?

Only certain parties can send this notice, and there are some basic requirements. They have to be someone who hasn't been paid for labor, materials provided, services, or equipment provided to the construction project yet. The usual suspects include:

• Contractors who worked directly for the owner
• Subcontractors who were hired by the prime contractor
• Material suppliers and equipment providers who furnished goods used on the project

Each of these parties relies on the notice as a way to protect their payment rights while still leaving room for resolution.

To be effective, the non-payment notice needs to go to anyone who's got a financial stake in the project. That usually means the property owner, the reputed owner, the construction lender, and the original or general contractor.

You should use registered or certified mail with a return receipt to send it. That way, a lien claimant will have proof that the notice actually arrived at its intended destination. Keep copies of the notice and the delivery records for your records – it's all part of creating a solid paper trail in case you need to take further action later.

QuestionAnswer
Form Name Notice Of Intent Lien
Form Length 2 pages
Fillable? Yes
Fillable fields 19
Avg. time to fill out 15 min
Other names intent to lien letter template, notice of intent to lien, lien letter, sample lien notice

Form Preview Example

LetterofIntenttofileMechanics’Lien/serveStopNotice

INSTRUCTIONS

1. When Given:

This letter may be sent prior to executing and recording a claim of Lien or serving a Stop Notice in order to induce payment. This letter is not a required prerequisite to filing a claim of Lien or serving a Stop Notice.

2. By Whom Given:

May be given by Contractor, Subcontractor or Supplier when they have not received payment for services or products used on the work of improvement.

3. To Whom Given:

May be given to the Owner, Lender and Original Contractor.

4. How Given:

There are no requirements for delivery. However, certified mail, return receipt will help provide proof of receipt.

Date: Date Letter is executed

Via Certified Mail

Return Receipt Requested

To:

To:

To:

Enter Name and

Address of Reputed

Lender Here

Enter Name and

Address of Reputed

Owner Here

Enter Name and

Address of Reputed

Original Contractor

Here

Reputed Lender

Reputed Owner

Reputed Original Contractor

Re: Work of Improvement at

Job

Description

 

 

 

 

 

To All Concerned:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date

Preliminary

Notice

 

 

 

 

 

With our Preliminary Notice dated

 

was executed

, we complied with the provisions of Section 3097

 

 

 

 

 

 

 

 

 

 

 

 

 

of the California Civil Code. Because we are reluctant to file a Claim of Lien or serve a Stop Notice

without once again

notifying all concerned, be advised that we have not received payment in the sum of $ Dollar Amount Owed

 

 

 

 

 

 

 

 

 

Date your company began work

for materials/labor/services or equipment furnished for above work of improvement from

 

 

 

to

Date your company

 

at the request of

Your Customer Name

 

.

 

ended work

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Date you require

 

 

 

Our failure to have received payment for the above amount on or before payment

, will cause us, without

 

 

 

 

 

 

 

 

 

 

 

 

 

 

further notice, to record a Claim of Lien and/or serve a Stop Notice and/or proceed with any other collection measures we consider necessary for the protection of our investment.

Very truly yours,

Your Company Name

Your Signature

Title of Signatory

Date:

Via Certified Mail

Return Receipt Requested

To:

 

Reputed Lender

 

 

 

To:

 

Reputed Owner

 

 

 

 

To:

 

Reputed Original Contractor

 

 

 

Re: Work of Improvement at

To All Concerned:

 

With our Preliminary Notice dated

, we complied with the provisions of Section ___

of the _______ Civil Code. Because we are reluctant to file a Claim of Lien or serve a Stop Notice without once again

notifying all concerned, be advised that we have not received payment in the sum of $

for materials/labor/services or equipment furnished for above work of improvement from

 

 

to

 

at the request of

 

.

Our failure to have received payment for the above amount on or before

 

, will cause us, without

further notice, to record a Claim of Lien and/or serve a Stop Notice and/or proceed with any other collection measures we consider necessary for the protection of our investment.

Very truly yours,

How to Edit Letter Of Intent Lien Online for Free

Filling out the lien form is usually pretty quick, but getting the details right is what matters. This is a payment warning, so each section should match up with your records and accurately reflect the project.

1. Write the Date of the Letter

Write the date you sign the letter at the top of the form - that shows when you formally notified all the parties involved about the unpaid balance. It's also useful if the dispute later heads to a mechanics lien or other collection action.

2. Parties Receiving the Notice

Fill in the names and addresses of the reputed lender, property owner, and original or prime contractor.

notice of intent to lien blanks to consider

3. Describe the Project

Add a brief description of the job that clearly spells out the work of improvement. Take a quick scan of the form to make sure the basic details are all correct:

• Project description and location.
• Names and addresses of all recipients.
• Dates that match up with your records.

The description should match the project referenced in your invoices and preliminary notice – make sure there's no discrepancy.

4. Preliminary Notice Information

Insert the date you sent your preliminary notice to show that you met the required notice obligations before sending the notice of intent to lien.

Entering details in notice of intent to lien stage 2

5. State the Amount Owed

Write the exact dollar amount of debt. Make sure this matches your billing records and doesn't include any unsupported charges.

6. Work Dates and Customer Information

Make a note of the date your company first started working on a project and the last date on which you provided any labour, materials, or services for the customer. Also, jot down the name of the person who hired you for the job.

Putting all this down on paper gives some vital context to your role in the project and helps explain to the customer why the bill still hasn't been paid and how long the issue has been outstanding.

Filling in notice of intent to lien part 3

7. Payment Deadline - A Warning To The Debtors

Pick a day by which you want to get paid. The deadline lets the debtor know they've got a certain amount of time left to sort out the problem before you have to take further action.

Before you decide on a deadline, check to see if your state requires any notice to be sent - if it does, leave a few days to get the notice out before the deadline expires for filing a lien.

8. Finalising The Notice

Once you've got all the info on the form complete, sign it with your company details and the name of the person who's signing it. Once the form is all done, send the notice off - preferably by certified mail and make sure you get a receipt for it, so you can prove when it was sent.

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