Mechanic’s Liens – Free Friday Form – Notice of Intent to Lien – General Contractor

How many times have you found yourself in this situation: You are owed money on a construction project and you are thinking of filing a mechanic’s bond. But you know that after you file it, a serious dispute process will begin, and it will probably involve hiring lawyers from each side. You would like to send a notice to the other party telling them that if it is not paid, more serious action will be taken. Well, there is a form to be used in this situation. In my experience, this is a very popular shape, so much so that we would like to make it available to the construction industry.

This form below advises the owner that they will submit a mechanic’s bond if payment is not made within ten days. Hopefully, it will create a serious dialogue to reach an agreement. Think about the final amount to settle and be prepared to offer it to the landlord if he or she is negotiating in good faith. Remember that the last thing a homeowner wants is a lien on their property: it jeopardizes title, interferes with their relationship with the construction lender, and prevents refinancing or sale. This Notice is written in a non-threatening manner to take advantage of this situation, and the landlord knows that you are required by law to file a lien within a certain period of time or you will lose your lien rights.

WHO CAN USE THIS FORM? All people, whether they are general contractors, subcontractors or suppliers.

HOW TO FILE: You do not need to file this with the court or file it with the recorder’s office. It is simply served by mail.

WHOM TO SERVE: If you are a general contractor, notify the owner and construction lender. If you are a subcontractor or vendor, provide services to the owner, general lender, and construction.

METHOD OF DELIVERY: Although it is not mandatory, delivery by certified mail is recommended for its effectiveness.

WHEN: Completion of ten days before filing or registering the mechanic’s bond. Remember, it does not extend the time to submit a mechanic bond.

NOTARIZED? Not.

COPIES: The original signed copies are delivered. Keep an extra copy for your records.

CERTIFICATE OF SHIPPING. Use a standard Proof of Delivery form. Sign this proof (it’s like a mailing certificate) and staple it to the form so you have proof that it was mailed to the various people or entities.

MARGINS AND SOURCE. This is a Word document, so use the following margins for proper printing: Top: 18 pt; Bottom: 22pt; Left: 58pt; Right: 58 pts. The font size is 12.

HOW TO USE? Cut and paste the form into a new Word document.

WHAT STATES?

Use this notice only in the following states: Alabama, Alaska, Arizona, Florida, Idaho, Indiana, Iowa, Kansas, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nebraska, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, and West Virginia.

Just like in California, you can use it until further notice. California is in the process of changing its mechanical linkage statutes, which will require specific notice. Visit our website to see that new formulary.

SAMPLE FORM STARTS HERE

NOTICE OF INTENT TO FILE A MECHANIC’S LIEN (General)
(This is not a link from the mechanic, nor is it a reflection of any contractor’s credit)

__________________________________________________________________________________
Via certified mail

TO THE OWNER:

_________________________________________________
(Names))

________________________________________________
(address–number and street)

________________________________________________
(address: city, state, zip code)

FROM THE GENERAL CONTRACTOR:

_______________________________________________
(Names))

_______________________________________________
(address–number and street)

_______________________________________________
(address: city, state, zip code)

______________________________________________
(fax/phone)

Please note that the undersigned lien claimant intends to file a mechanic’s lien against your property if the monies owed are not paid as follows:

PROJECT’S NAME: __________________________________________________________________

PROPERTY SUBJECT TO LINKAGE (common street address or other description):
__________________________________________________________________________________

(1) General description of the construction services provided by the Lien Claimant:
__________________________________________________________________
__________________________________________________________________
________________________________________________________________________________

(2) Amount Due: As of _________ (date) is $_____________ after credits only (total made, with extras of $___________, less payments of $____________). Unpaid invoice(s) attached. Attorney fees and court costs will also be requested.

The work described above was provided to your property, at your request, by the Claimant. If payment is not made within ten (10) days of receipt of this request, Claimant intends to file a mechanic’s lien, without further notice. If you have any questions or would like to make payment arrangements, please call immediately to discuss.

Dated: _____________

_______________________________________________
(Signature and Title)