The 4 Components of a Valid Intent to Lien

October 20, 2018
NYLiens LLC

A Notice of Intent to Lien is a type of respectfully worded warning letter. It is sent to the property owner and, in some cases, the general contractor of a construction project to affirm that if payment is not made for services and materials rendered, the claimant will file a mechanic’s lien against the property to protect their right to compensation.

Although New York does not require you to send a Notice of Intent to Lien before you file a mechanic’s lien, doing so may still be worth it. In many cases this document will make the owner rethink their position and pay what they owe. It is also less expensive and intense than a mechanic’s lien.

To be both effective and legally valid, a Notice of Intent to Lien needs to contain four elements that define its purpose and the parties involved. They are:

1.  Contact Information for the Lienor and Property Owner

A Notice of Intent must include complete and accurate contact information for both the sender and the recipient. This includes:

  • Name and address of the lienor and owner
  • If the lienor is a corporation, the corporation’s business address
  • If the lienor is a partnership, the names, and addresses of the partners
  • The name of the party that employed the lienor (if applicable)
  • The name of the party to whom the lienor furnished materials and/or labor
  • The name of the party with whom the lienor made the contract

2.  Information About the Project

The letter must include accurate identifying information about the project. This may include:

  • The address of the property (county, city, street address and section / block / lot)
  • Legal description of the work (for example, new construction vs. improvements)
  • The services performed and/or material supplied, along with the dates that service began and ended
  • Any materials manufactured but not yet delivered
  • The agreed-upon price of the labor and/or services
  • The agreed-upon price of any materials manufactured but not yet delivered

3.  Amount Owing

This is the amount outstanding for:

  • Services rendered and/or materials delivered
  • Materials manufactured but not yet delivered

When calculating the amount owing, include any interest that has been accrued, in addition to the specific rate of interest.

4.  Date That the Intent was Sent

The date on the notice is important because it provides a time frame for a lien to be filed. In New York, you are generally required to file within eight months of last furnishing materials or services. If the project is a single-family residence, the timeline is four months. Once filed, enforcement must take place within a year unless an extension is granted by the court.

If you have reason to believe that a Notice of Intent to Lien may be necessary to recover the money you are owed, talk to the team at NYLiens LLC about the process involved in filing a mechanic’s lien. We will help you send a legally valid Notice of Intent so that you can potentially recover payment without getting the court involved. For more information, please contact us to schedule a consultation.

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NYLiens LLC

For over a decade, NYLiens LLC has prepared and filed Notice of Mechanic’s Lien documents for all types of contractors and suppliers throughout New York State.

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