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A pre-lien notice, also known as a preliminary notice, is a legal document used in the construction industry to secure payment rights for subcontractors, material suppliers, and other parties involved in the construction project. It is a crucial step in securing the right to payment and can, therefore, directly impact subcontractor cash flows.

The purpose of a pre-lien notice is to inform the property owner, general contractor (GC), and other relevant parties that a subcontractor or supplier has provided labor, materials, or services to the project. By submitting a pre-lien notice, the subcontractor establishes their right to file a mechanic's lien if they are not paid for their work.

The steps to secure payment through the pre-lien notice process are as follows:

1. Pre-lien (preliminary) notice: This notice should be submitted at the start of every project, typically within a specified time frame after the subcontractor begins work or delivers materials. It serves as a formal notification of the subcontractor's involvement and their intent to protect their right to payment.
2. Notice of intent (NOI): If the subcontractor is not paid for their work after submitting the pre-lien notice, they can issue a notice of intent (NOI) to the property owner, general contractor, and other parties involved. The NOI is the final warning before filing a mechanic's lien, indicating that the subcontractor intends to take legal action to secure payment if the outstanding balance remains unpaid.
3. Mechanic's lien: If the subcontractor still does not receive payment after issuing the NOI, they can file a mechanic's lien against the property. A mechanic's lien is a legal claim that encumbers the property, preventing the owner from selling or refinancing until the debt is resolved. This action is typically a last resort to recover unpaid balances. (Check out this blog post to better understand how mechanic’s liens work.)

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Current Liabilities are financial obligations or debts that a construction company has to settle within a short-term period, typically within a year. These usually include suppliers' payments for building materials, salaries and wages for construction workers, short-term loans for immediate project needs, interest payments on construction loans and taxes. These might also consist of project-related accrued expenses, or money that the company owes but has not been billed for yet, such as utilities. It's critical for businesses running construction projects to properly manage their Current Liabilities to ensure financial stability and the smooth completion of projects. The ability to meet these short-term financial obligations is a key indicator of the financial health of a construction company.

Time-and-material billing is a method used in the construction industry where a client is charged based on the actual cost of labor and materials for a project, along with an added markup for the contractor's profit. This approach promotes transparency as customers directly pay for the time spent on the project and materials used. The advantage of this method is the flexibility it provides - if a project scope is unclear or likely to change, it can be more efficient than a fixed-price model. However, it also contains a risk for the client, with a chance that costs could increase if the construction takes longer or requires more resources than estimated. It requires meticulous tracking of working hours, materials, and equipment used. The client also needs to keep an eye on the project to avoid unnecessary costs.