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 an AIA Document?
An AIA Document, or American Institute of Architects Document, is an essential tool used in the construction industry. These standardized documents are crafted by the AIA, containing detailed contractual content that guides the relationships and roles among various parties involved in building projects, such as architects, contractors, subcontractors, and owners. AIA Documents serve as the benchmark in the industry, promoting consistency and transparency, while reducing the complexities and potential disputes in construction contracts. These cover a broad spectrum, with various series for different purposes, including design-bid-build, design-build, architect-engineer, and integrated project deliveries. Commonly used ones are A101, A102, and B101. Each contains specific terms, conditions, and legal provisions, playing a crucial role in managing risks and maintaining smooth project operations.
What is a Field?
A field in the construction industry refers to a physical area or a project site where construction activities take place. These fields are typically outdoors, such as building sites or highway projects, and can range from open spaces to restricted and confined areas. Fieldwork involves various construction tasks like excavation, foundation setting, erecting structures, piping, and landscaping. Field operations are significant in shaping the entire construction project, influencing cost, time, quality, and safety. It's important to note that the field is where the practical application of engineering designs happens, turning blueprints into reality.
What are Costs in Excess of Billings?
Cost in excess of billings (CEB), or underbilling, refers to a cost incurred by a subcontractor for work performed that has yet to be billed to the general contractor at any point in time. This is a somewhat common scenario that can arise when the cost of work expenses (labor, materials, subcontractors, etc.) hit before billings go out.
There are a few factors that can create this timing gap and lead to underbilling. These include:
- Progressive billing schedules: Many construction projects have billing schedules that are based on predefined milestones or stages of completion. However, costs are being incurred continuously as work progresses. This causes costs to build up ahead of invoices between billing cycles.
- Upfront and early-stage mobilization: Significant upfront costs go into things like materials, equipment, permitting, and mobilizing job sites before physical work even begins鈥攅specially for subcontractors. These costs typically accumulate before clients are billed.
- Pending change orders: Costs related to change orders often hit weeks or months before details are finalized and approved for billing. Diligently tracking pending change orders is crucial to ensure you ultimately collect on all revenue owed from approved changes.
- Project delays: In construction, delays are inevitable. If and when delays push out project milestones, billable events can slide further out from when the costs were incurred. These timeline gaps widen the difference between accrued expenses and billings-to-date.
CEB is reflected on financial statements as assets because it represents an unbilled receivable for revenues that will later come. Therefore, regularly monitoring CEB is critical to maintaining healthy business operations as it helps subcontractor accounting teams:
- Understand true project economics: CEB helps reveal the full profitability picture by linking incurred costs with unbilled receivables, which in turn supports more accurate revenue forecasting and job costing projections.
- Gain greater cash flow visibility: Because CEB tracking shows how much money is flowing out that鈥檚 tied up in work completed but not yet paid for, it helps them better plan and manage their cash for future expenses.
- Monitor project health: Unexpected CEB spikes could signal problems like cost overruns. Regularly comparing CEB status with the original budget is key to assessing a project鈥檚 overall health.
- Collect revenue in full: No one wants to work for free. Tracking CEB ensures that all pending receivables are ultimately invoiced and collected.
- Stay compliant: CEB reporting is required for percentage-of-completion revenue recognition, which is an important accounting standard for billing teams to adhere to.
Effective CEB oversight is much simpler with the right tools in place. With Siteline, you can easily see on each project if you鈥檙e billing in excess of your costs to ensure you鈥檙e billing enough each month. Siteline also monitors all pending change orders throughout a project鈥檚 lifespan, helping teams get approval quicker for accelerated cash flow. If you're interested, schedule a personalized demo of Siteline here.