NOTICE OF INTENT TO LIEN

Use this form as one last attempt to get paid before filing a mechanic’s lien with the Recorder’s Office. Tells the other side that if payment is not made within 10 calendar days, a lien will be recorded. Many times, it sets up serious settlement negotiations.

But be careful. You are broadcasting your intent to file a lien if you are not paid within 10 days. If you do not follow through, the other side may not take you seriously.

Who signs? Anyone in your office, whether owner, manager or other employee.

Notarized? No need.

Service: Certified mail.

Who receives the notice? Send a copy to the owner and construction manager, if any. If you are a subcontractor, also serve the prime contractor.

When dealing with larger owners, there may be different administrative layers and offices. If so, before mailing it off, call the office of the owner and find out who makes the final decision as to payment and include a copy to that person.

Copies: Serve the original form with your original signature. Keep one copy for your files.

Attachments? Technically no. This form alone will suffice.

But if you have the time, include a separate letter which outlines services performed and not paid, as well as the circumstances for withholding payment. Remember, many times the owner does not know the full story and is getting different versions from the field. Knowing the full story will give more incentive to make the payment.

There is no need to include a proposed copy of the mechanic’s lien.

Important: Make sure you serve all pre-lien notices as required by your particular state.

Do Not Use This Form in the Following States

The following states have a special Notice of Intent form pursuant to statute. Do not use this form for those states. Instead, use the special form  that is included in purchase of that state’s mechanic’s lien packet:

Alaska

Arkansas

Colorado

Georgia

Illinois

Indiana

Kentucky

Maryland

Mississippi

Missouri

Nevada

North Dakota

Texas

Wisconsin