Protecting The Best Interests Of Commercial Clients In The Construction Field And Other Industries

Information contractors should include in a notice of intent to lien

On Behalf of | Oct 7, 2024 | Construction Law |

As a contractor, sometimes you might not receive payment from the project owner for the work performed as indicated in your contract. Consequently, you may need to draft a notice of intent to lien and send a copy to the county recorder of the county where the property is located and the property owner.  

Here are the details to include in the notice:

1. Your name

Provide your name on the notice as the claimant.

2. Name of the property owner

Include the name of the property owner or the reputed owner. You can find this information in your contract.

3. Description of the property

Provide a legal description of the property to be charged with the lien. Failing to provide a description sufficient enough to identify the property can negatively impact your claim.

4. The terms, time given and conditions of the contract or a copy of the agreement

If you and the property owner had a written contract, you will submit its copy with the notice of intent to lien. If you had an oral agreement, your notice should include a statement of the contract’s terms, time given and conditions.

5. The lienor’s demand, after deducting just credits and offsets

This is the total amount outstanding for the services offered without including just credits and offsets.

6. Date of completion of the project

Provide a statement indicating the date of project completion, observing the legal definition of completion.

7. Date the preliminary twenty-day notice was given

Provide a statement of the date you provided the property owner with the preliminary twenty-day notice. You should also attach a copy of the preliminary twenty-day notice and proof of mailing, such as a signature of the property owner receiving the notice.

If a project owner fails to pay you as agreed, learn more about the notice of intent to lien to avoid mistakes that could jeopardize your rights.