Website design By BotEap.comHow 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.

Website design By BotEap.comThis 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.

Website design By BotEap.comWHO CAN USE THIS FORM? All people, whether they are general contractors, subcontractors or suppliers.

Website design By BotEap.comHOW 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.

Website design By BotEap.comWHOM 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.

Website design By BotEap.comMETHOD OF DELIVERY: Although it is not mandatory, delivery by certified mail is recommended for its effectiveness.

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

Website design By BotEap.comNOTARIZED? No.

Website design By BotEap.comCOPIES: The original signed copies are delivered. Keep an extra copy for your records.

Website design By BotEap.comCERTIFICATE 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.

Website design By BotEap.comMARGINS 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.

Website design By BotEap.comHOW TO USE? Cut and paste the form into a new Word document.

Website design By BotEap.comWHAT STATES?

Website design By BotEap.comUse 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.

Website design By BotEap.comJust 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.

Website design By BotEap.comSAMPLE FORM STARTS HERE

Website design By BotEap.comNOTICE 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)

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Via certified mail

Website design By BotEap.comTO THE OWNER:

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(Names))

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(address–number and street)

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(address: city, state, zip code)

Website design By BotEap.comFROM THE GENERAL CONTRACTOR:

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(Names))

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(address–number and street)

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(address: city, state, zip code)

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(fax/phone)

Website design By BotEap.comPlease 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:

Website design By BotEap.comPROJECT’S NAME: __________________________________________________________________

Website design By BotEap.comPROPERTY SUBJECT TO LINKAGE (common street address or other description):

__________________________________________________________________________________

Website design By BotEap.com(1) General description of the construction services provided by the Lien Claimant:

__________________________________________________________________

__________________________________________________________________

________________________________________________________________________________

Website design By BotEap.com(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.

Website design By BotEap.comThe 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.

Website design By BotEap.comDated: _____________

Website design By BotEap.com_______________________________________________

(Signature and Title)