When you're not getting paid for work on a construction project, mechanics liens are your best bet for securing payment. But before you jump straight to filing a lien, there's an important step that could save you time, money, and stress: sending a Notice of Intent to Lien. While this notice isn’t always required by law, it’s a powerful tool for getting paid without the hassle of going through the lien process.

What’s a Notice of Intent to Lien?

A Notice of Intent to Lien (NOI) is a formal warning you send to the property owner or general contractor, letting them know that if they don’t pay up, you’re going to file a mechanics lien. The goal is to give them a chance to make things right before you take legal action. Think of it as a "last chance" letter before you hit them with a lien.

While many subcontractors and suppliers send an NOI voluntarily, some states actually require it. In these states, you can’t file a lien until you’ve sent an NOI, and you must send it a specific number of days before filing the lien.

Preliminary Notice vs. Notice of Intent to Lien

It’s easy to confuse a preliminary notice with a Notice of Intent to Lien, but they serve different purposes.

• Preliminary Notice: This notice is typically sent at the beginning of a project or right after you start delivering labor or materials. It’s a heads-up to the property owner or general contractor that you’re working on the project and may assert lien rights if necessary. It’s more of a proactive measure, sent before any payment disputes arise.
• Notice of Intent to Lien: This is sent much later, when payment issues have already come up. It’s a final warning that you’ll file a mechanics lien if you don’t receive payment in a certain number of days. This notice is usually sent when payment is overdue, and you’re about to escalate the situation.

States That Require a Notice of Intent to Lien

Not every state mandates that you send a Notice of Intent to Lien, but for those that do, it’s non-negotiable. If you skip this step in these states, you won’t be able to file your lien at all. Here’s a list of states that require you to send an NOI, along with how many days before filing a lien it must be delivered:

• Arkansas: 10 days
• Colorado: 10 days
• Connecticut: Within the 90-day lien period
• Louisiana: 10 days (for material suppliers on residential projects)
• Missouri: 10 days
• North Dakota: 15 days
• Pennsylvania: 30 days
• Wisconsin: 30 days
• Wyoming: 10 days

In these states, failing to send an NOI within the required timeframe means you lose your right to file a lien. That’s a big deal, especially if you’re counting on the lien to get paid.

Why Sending an NOI Works

Even in states where it’s not required, sending a Notice of Intent to Lien is a good move. Why? Because it gets results. The threat of a lien is often enough to make a non-paying party reconsider and settle the bill before things get messy. Filing a mechanics lien is a more involved and costly process, so the NOI acts as a nudge for the property owner or contractor to avoid that.

Plus, sending an NOI shows you're serious about protecting your right to payment. You’ve already demonstrated that you're willing to escalate, and the next step is the real deal: filing the lien. This often pushes parties to resolve disputes without further action.

Timing is Everything

When sending an NOI, timing is crucial—especially in states that require it. The NOI usually needs to be sent a set number of days before filing the lien. But here’s the catch: sending the NOI doesn’t extend your lien deadline. So, if you only have 90 days from the last date of work to file a lien and your state requires a 10-day notice, that means you’ll need to send the NOI no later than day 80. If you wait too long, you risk losing your right to file the lien altogether.

Final Thoughts

The Notice of Intent to Lien is a simple but powerful tool that can help you get paid without the need for a mechanics lien. Whether it’s required by law in your state or just a smart move, sending an NOI gives the other party a final chance to settle up before things escalate.

If you’re dealing with payment issues on a project, don’t wait too long to send your notice. Keep track of your deadlines, understand your state’s rules, and always file with time to spare. Getting paid should never be left to chance.

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