What Is a Notice of Intent to Lien?
A notice of intent to lien is a written warning that payment related to a construction project is overdue. It tells the recipient that a mechanic’s lien may be filed if the debt isn’t paid.
The notice gives the recipient a chance to fix the payment issue before formal lien action begins. You may also see it called an intent notice, intent to lien notice, notice of non-payment, or notice of intent to file a mechanic’s lien. Depending on state rules and the project type, you may need to send it to the property owner, general contractor, prime contractor, or another party.
Notice of Intent to Lien vs. Mechanic's Lien
A notice of intent to lien is the warning sent before filing. A mechanic’s lien is the formal claim filed against the property. The notice doesn’t create the lien by itself, so you still need to file the mechanic’s lien by your state’s deadline.
Do You Have to Send a Notice of Intent to Lien?
You may have to send a notice of intent to lien before filing a mechanic’s lien. Some states require it, while others make it optional. Even when the notice isn’t required, sending one can still help. It gives the recipient a chance to pay before formal lien action starts.
It also creates a written record that you warned the property owner, contractor, or another responsible party about the overdue payment. Missing a required notice can affect your lien rights, even when the debt is valid.
Notice of Intent to Lien Rules by State
Notice of intent to lien requirements can change by state and project. Use the table below to find your state and check the deadline, who the rule usually applies to, and the relevant statute before sending your notice.
State
Notice Deadline
Who It Usually Applies To
Statute
Alabama
Before filing the lien statement
Parties other than the original contractor
AL Code § 35-11-218
Arkansas
At least 10 days before filing the lien
Mechanics' or materialmen's lien claimants
AR Code § 18-44-114
California
Within 20 days after first furnishing labor, service, equipment, or materials
Lien claimants required to give preliminary notice before preserving full mechanic's lien rights
CA Civ Code § 8204
Colorado
At least 10 days before filing the lien statement
Lien claimants seeking to preserve a mechanic's lien
CO Rev Stat § 38-22-109(3)
Connecticut
After starting work or materials, and no later than 90 days after stopping
Certain subcontractors, material suppliers, and others who are not original contractors
CT Gen Stat § 49-35
What to Include in a Notice of Intent to Lien Form
A well-written notice of intent to lien makes the unpaid claim easy to understand. It communicates what was provided, where the work happened, and how much is owed. Your intent to lien notice should include the following:
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Who’s sending the lien notice: Add the claimant’s name and state whether they are an individual or a company.
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How to contact the claimant: Include the claimant’s mailing address, city, state, ZIP code, phone number, and email address if available.
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Who owns the property: Add the owner’s full name so the notice clearly identifies the person connected to the property.
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Where the owner receives mail: Include the owner’s street address, city, state, and ZIP code.
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What project the notice covers: Briefly name or describe the project, such as roofing replacement or HVAC installation.
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When the work ended: Add the project completion date or the last date materials were provided.
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What services or materials were provided: Describe the labor, services, or materials connected to the unpaid amount.
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Where the project took place: Include the project address, city, state, and ZIP code.
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How much is owed: State the unpaid amount clearly.
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When payment is due: Add the deadline for payment before further lien action.
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How the notice will be delivered: Choose the delivery method, such as certified mail with return receipt requested, personal delivery, or another method.
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Which state law applies: Select the state laws that govern the notice.
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When the intent to lien notice is dated: Add the date of the notice.
Legal Templates’ notice of intent to lien form guides you through these details, so you can build a notice that matches the project, payment, and delivery information you need to include.
Confirm the unpaid amount relates to construction labor, services, equipment, or materials. Review your construction contract, invoices, and payment records before completing the notice.
Notice of Intent to Lien Letter Sample
Review a sample notice of intent to lien before you complete your own. It shows how to list the claimant, property owner, project details, unpaid amount, payment deadline, and delivery method. View the sample intent to lien notice, then customize and download your notice of intent to lien template in Word and PDF.
How to Send a Notice of Intent to Lien
Send your notice of intent to lien before filing the mechanic’s lien. Start by checking who must receive it and which delivery methods your state allows.
In most cases, you’ll need to send the notice to the property owner. If you’re a subcontractor or supplier who wasn’t hired directly by the owner, you may also need to send it to other parties, such as the general contractor. Your state may require a specific delivery method, including certified mail or personal delivery with a signed acknowledgment.
Save the sent notice, mailing receipt, delivery confirmation, and any response. These records can help prove you sent the notice correctly if your lien rights later become an issue.
What Happens After Sending a Notice of Intent to Lien?
After you send a notice of intent to lien, the recipient may pay the overdue amount before you file a mechanic’s lien. The notice may also start a conversation between you, the property owner, the general contractor, or another project party. If the recipient pays, they may ask you to sign a lien waiver. This confirms that you’re giving up lien rights for the amount paid.
Either way, keep your filing timeline in mind. A notice of intent to lien does not pause or extend your deadline. If payment still isn’t made, you may need to file the mechanic’s lien before time runs out under state law.
Before filing a mechanic’s lien, consider a written payment plan that sets the amounts, due dates, and terms for missed payments.
