Notice of Intent to Lien (NOI)
What is a Notice of Intent to Lien (NOI)?
A notice of intent to lien (NOI)鈥攕ometimes called an intent notice or notice of non-payment鈥攊s a legal document that serves as a final warning from a subcontractor or supplier to the property owner, developer, or general contractor (GC) indicating their intent to file a mechanic鈥檚 lien against the property in the event of non-payment.
The purpose of an NOI is two-fold: First, it protects the subcontractor鈥檚 or supplier's rights to establish a legal claim against the property, allowing them to file a lien鈥攐r pursue legal action鈥攊f the outstanding payment is not made within a specific time frame. Second, it motivates the responsible party (i.e., property owner, developer, or GC) to settle the outstanding payment(s). This is because once a mechanic鈥檚 lien is filed, the property owner can鈥檛 sell or refinance the property until the debt is settled.
Currently, NOIs are only legally required in nine states:
- Arkansas (10 days before filing lien)
- Colorado (10 days before filing lien)
- Connecticut (Within 90 day lien period)
- Louisiana (material suppliers on residential projects 10 days before filing lien)
- Missouri (10 days before filing lien)
- North Dakota (15 days before filing lien)
- Pennsylvania (30 days before filing lien)
- Wisconsin (30 days before filing lien)
- Wyoming (10 days before filing lien)
However, regardless of state requirements, sending NOIs can be a beneficial and inexpensive step that increases subcontractors鈥� chances of getting paid (ideally without actually having to file a lien). Note that subcontractors must first submit a pre-lien (or preliminary) notice before submitting an NOI. Making both of these a standard part of accounting processes for past-due payments can improve A/R collection processes鈥攁nd get payments in the door faster.
Along this vein, empowers subcontractors by providing visibility into outstanding payments across all projects, alerting them when it's time to pursue overdue balances鈥攐r issue an NOI for the most persistent cases.
To experience how Siteline can help your subcontracting business proactively manage payment processes, leverage NOIs when necessary, and accelerate cash flow, book a personalized demo today.
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Other construction terms
What is Outside Financing?
Outside financing, in the context of the construction industry, refers to the process of seeking funds from external sources to cover costs associated with building projects. These sources can be institutional lenders like banks, credit unions, insurance companies, or private sources such as private equity funds, venture capitalists, or individual investors. Construction firms can opt for outside financing when internal resources or profits aren't sufficient to meet the materials, labor, and equipment costs. Different types of outside financing for construction can include loans, lines of credit, or bonds. The specific financing option chosen often depends on factors such as the scale of the project, the creditworthiness of the construction firm, and the risk appetite of the prospective financer. Some loans could be short term, covering immediate costs, while others may be long term, planned for extensive projects. While outside financing can be a lifesaver, it's noteworthy that it adds to the project's overall cost due to the interest and fees charged by lenders. Thus, it should be optimally strategized in the project's financial planning phase.
What are Preliminary Notices?
Preliminary Notices are legal documents that are commonly used in the construction industry. These notices are also known as pre-lien notices or notices to owner. They are typically sent at the beginning of a construction project by the subcontractors, suppliers, or equipment renters, essentially anyone who does not have a direct contractual relationship with the property owner. The main purpose of these notices is to inform the property owner, general contractors, or other party with financial interest in the property, of the sender's involvement in the project and their right to file a lien in the event they are not paid for the services or materials provided. It's an essential step in securing one's right to payment. Moreover, Preliminary Notices serve as a professional way to maintain transparency and communication in construction projects and promote smoother and more prompt payments.
What is Actual Cost?
Actual cost, in the construction industry, refers to the accurate amount reasonably spent on a project. This includes every expense incurred during the planning, development, and execution phases. The actual cost often encompasses material expenses, labor charges, equipment costs, and any additional overhead related to the project. For instance, the cost of bricks, cement, construction tools, and an hourly wage for workers constitutes the actual cost. It may differ from the estimated cost due to unforeseen circumstances or changes in the project scope. Monitoring the actual cost is vital for maintaining a project's budget and preventing financial oversights.