How many times have you been in this situation: he owes money on a construction project and will file a lien. But you know that after the presentation of them begin a process of serious conflict, probably with the hiring of lawyers for each side. You want to send a notice to the other saying that if not paid, it take more serious measures. Well, there's a way use in this situation. In my experience, this is a very popular - so much so that it would provide the industry of construction.
This form below warns against the owner to submit a lien if payment is not made within ten days. Hope this will create a serious dialogue to resolve. Come with the results of the amount to settle and be prepared to provide the owner if he or she is negotiating in good faith. Remember that the last thing the landlord wants is a lien on their property: title endangers, interferes in their relationship with the lender of construction, and prevents refinancing or sale. This opinion is issued on a non - threatening to take advantage of this situation with the owner knows that you are required by law to present a lien within a specified period or lose your lien rights.
Who can use this form? Every person, whether contractor, subcontractor or supplier.
HOW TO USE: It is not necessary to submit to the court or the record in the office of the recorder. It is served simply by sending.
Who serve: If you are a general contractor to allow the owner and construction lender. If you are a subcontractor or supplier, for the owner, general and lender construction.
HOW TO USE: While not mandatory, is recommended for its effectiveness to be served by certified mail.
WHEN: serve ten days prior file or record a mechanic's lien. Remember, it extends the deadline for filing a lien.
A notary? No.
Copies: The original signed copies are served. Keep a copy for your records.
CERTIFICATE office. Using a standard test form services. Sign this test (as a certificate of deposit) and first need to form if you have proof of who was sent to several persons or entities.
Margins and source. This is a Word document in order to use the following margins to display correctly: Top: 18 pt, Bottom: 22 pt, Left: 58 pt, Right: 58 pts. Type size is 12.
How it works Cut and paste the form in a Word document.
What?
Use this Given that 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.
As for California, you can use until further notice. California is changing its mechanical privilege laws that require specific expertise. Visit our website for this new form.
Sample form starts here
NOTICE OF INTENT TO FILE A LIEN Engineer (General)
(This is not a privilege, mechanical, or reflecting credit on any contractor)
__________________________________________________________________________________
Via certified mail
OWNER:
_________________________________________________
(name (s))
________________________________________________
(address--no. and street)
________________________________________________
(Address - City, state, zip)
GENERAL THE COMPANY:
_______________________________________________
(name (s))
_______________________________________________
(address--no. and street)
_______________________________________________
(Address - City, state, zip)
______________________________________________
(fax / phone)
Please TAKE NOTICE that the undersigned claimant but intends to file a mechanics lien against their property if payment is not made of the amounts due as follows:
NAME: __________________________________________________________________________________
Subject property (address link from the street or common description):
__________________________________________________________________________________
(1) Description The general construction services provided by the claimant but:
_________________________________________________________________________________
_________________________________________________________________________________
________________________________________________________________________________
(2) Amount: Thanks to _________ (date) is $ _____________ only after the credits (in total made, with extras for $ ___________ ____________ paying less $). Unpaid invoice (s) attached. Legal fees and court costs are also requested.
The work described above have been supplied to your property, your example, by the applicant. If payment is not made within ten days (10) the receipt of the application, the applicant intends to file a lien mechanical, without notice. If you have questions or wish to make payment arrangements if please call immediately to discuss.
Date: _____________
_______________________________________________
(Signature and Title)
Sue Malone
442 Diablo Road, Suite 137
Danville, CA 94526
Email: info@NationalLienLaw.com
Sue Malone is the owner of National Lien Law, a site devoted to contractor forms for use in the construction industry. For Mechanic's Lien Forms and more information on this subject, including free lien law summaries and time deadline tables for all 50 states, visit our website at: http://www.NationalLienLaw.com Or call (925) 899-8449 and ask for Bernie. All representatives are graduates of an accredited law school, but are not lawyers and cannot give legal advice. Please consult with a construction attorney if you wish legal representation.
©2008 NationalLienLaw.com. All rights reserved.
The Truth About Bankruptcy
