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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.)

—the only billing software built specifically for subcontractors—centralizes and tracks billing statuses across all projects. It provides real-time notifications when payments become overdue, empowering accounting teams to take an active role in collections—like, issuing an NOI (the next step after submitting a pre-lein notice)—to promptly recover payments.

Interested in seeing how Siteline can give you more visibility into your cash flow? Schedule your personalized demo here.

Profit Fade, in the construction industry, refers to a situation where the projected profit margins on a project decrease as the project progresses. This typically occurs when actual job costs exceed the initial estimates, resulting in a decrease in the anticipated profit. For instance, unforeseen complications, increased material prices, labor overruns, or errors in bidding can all contribute to profit fade. It's essential for construction firms to have systems in place for tracking job costs and updating profit projections to manage profit fade effectively. Proactive financial management can minimize the impact of profit fade and maintain project profitability.

A notice of intent to lien (NOI)—sometimes called an intent notice or notice of non-payment—is 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’s lien against the property in the event of non-payment.

The purpose of an NOI is two-fold: First, it protects the subcontractor’s or supplier's rights to establish a legal claim against the property, allowing them to file a lien—or pursue legal action—if 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’s lien is filed, the property owner can’t 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� 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—and 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—or 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.