Notice of Intent to Lien

You finished the job, sent the invoice, and waited. Still no payment. Before you take the bigger step of claiming the property itself, there's a written warning that often gets the check moving – and in some states, you can't skip it.

What This Notice Does

A notice of intent to lien is a letter that tells the property owner, and often the general contractor, that you haven't been paid and plan to file a lien if the balance stays unpaid. It's common in construction, where contractors, subcontractors, and suppliers can claim a legal interest in the property they helped improve.

That claim is called a mechanic's lien, and it can make it hard for the owner to sell or refinance until the debt is settled. The notice is the step before it. It doesn't create a lien on its own – it simply gives the other side a last chance to pay. You may also hear it called an intent notice or a notice of nonpayment.

Is This Notice Required?

It depends on where the project is. A handful of states require this notice before a lien can be filed, and skipping it there can cost you your lien rights even when the debt is valid. Requirements vary by state – including who must receive it, how far ahead of filing it must go out, and which workers it applies to – so it's worth checking your state's rules first.

In states that don't require it, many contractors still send one. It's quick, inexpensive, and puts the payment problem in front of people who may not know about it. An owner who learns a subcontractor hasn't been paid often has a strong reason to push the general contractor to fix it.

Public projects usually work differently. Government property generally can't be liened, so unpaid workers on those jobs typically rely on a payment bond claim instead.

When to Send It

Timing matters more than most people expect. Typically, the notice goes out after the invoice is past due and your usual reminders, such as a demand for payment letter, haven't worked, but well before your deadline to file a lien. Where the notice is required, state law often sets a minimum number of days between sending it and filing the lien.

One point trips up many claimants: the notice does not pause or extend your lien deadline. If you wait too long to send it, you may run out of time to file. Working backward from your lien deadline can help you pick a safe date.

What to Include

A clear notice leaves no room for confusion about who is owed what. ConsumerShield's template walks you through the key details, which usually include:

• Your name or business name, address, and contact details
• The property owner's name and mailing address
• The general contractor or hiring party, if different from the owner
• The project address or a description that identifies the property
• A short description of the labor, services, or materials you provided
• The date you last worked on the project or delivered materials
• The exact unpaid amount
• A payment deadline and a statement that you may file a lien if it passes
• The date of the notice and how it was delivered

Before you fill it out, compare the amount against your contract, invoices, and payment records. A wrong or inflated number can undermine your claim and hurt your credibility with the owner.

How to Deliver It and Keep Proof

Most notices go to the property owner. If you're a subcontractor or supplier who wasn't hired by the owner, you may also send copies to the general contractor and the company that hired you. Some states set specific delivery methods, so confirm what yours allows.

Many claimants use Certified Mail with Return Receipt, which gives you a delivery record and the recipient's signature. Hand delivery with a signed acknowledgment is another option. Keep a copy of the notice, the mailing receipt, the delivery confirmation, and any reply. If your lien is ever challenged, these records can show you gave proper notice.

What Happens After You Send It

Often, the notice gets things moving. The recipient may pay in full, offer a payment plan, or explain a problem you didn't know about, like a disputed change order or a payment stuck with the general contractor.

If you're paid, you'll usually be asked to sign a lien waiver confirming you give up lien rights for that amount. If the deadline passes with no payment, you can decide whether to file the mechanic's lien before your state's deadline runs out.

Common Mistakes to Avoid

Small errors can turn a strong warning into a weak one. Watch out for these:

• Sending the notice so late that the lien deadline passes
• Sending it only to the party that owes you and not to the owner
• Listing the wrong property address or owner name
• Claiming a lien has already been filed when it hasn't
• Skipping proof of delivery

A notice of intent to lien works best when it's accurate, sent on time, and delivered in a way you can prove. If the warning doesn't settle the bill and you need the documents for the next step, you'll find mechanic's lien templates on ConsumerShield.