Pre-Lien Notice
What is a Pre-Lien Notice?
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:
- 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.
- 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.
- 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.
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Other construction terms
What is an Accounting Equation?
An accounting equation is a fundamental principle in the field of accounting, reflecting the relationship between a company's assets, liabilities, and equity. For the construction industry, it's vital as it aids in understanding the financial stability of a project or the entire firm. The equation is typically expressed as Assets = Liabilities + Owners Equity. It helps construction companies balance their books by ensuring that resources, such as building materials (assets), are funded either by external loans (liabilities) or investment from the business owner(s) (equity). This equation provides a snapshot of the company's financial health, informing potential investment decisions and credit extensions. It is also vital for measuring performance, spotting financial discrepancies, and planning future construction projects. In summary, the accounting equation acts as a financial tool in the construction industry, ensuring companies maintain a balanced and healthy financial status.
What is a Guaranteed Maximum Price (GMP)?
A guaranteed maximum price (GMP) is a financial cap used in construction contracts, representing the highest possible price a client can expect to pay for a particular project. This cap encompasses raw materials, labor, indirect costs, and a margin for the contractor’s profit.Â
While offering financial predictability and safety to the client, this method can significantly impact subcontractors. To transfer a portion of the financial risk, general contractors (GCs) typically offer subcontractors fixed-price (or lump sum) subcontracts. This setup incentivizes subcontractors to adhere to budgets and timelines, as cost overruns directly affect their profit margins (unless the client was the one who requested changes). Conversely, if the project is completed under budget, subcontractors may benefit by sharing the savings with the GC. Ultimately, GMP contracts foster transparency and collaboration, promoting shared responsibility for project success between all parties involved.Â
In GMP contracts where payments are tied to milestones or completion percentages, accurate pay applications—a core feature of Siteline—are crucial to getting paid sooner. Siteline also enables subcontractors to track outstanding balances and monitor their cash flow in real-time, empowering them with insights to proactively manage their financial health—which is paramount in GMP contracts. Ready to take control of your cash flow under GMP contracts? See how Siteline can help by scheduling a demo today.
What is Software as a Service (SaaS)?
Software as a Service (SaaS) in the context of the construction industry is a key model of cloud computing. It allows construction firms to access software over the internet on a subscription basis. Examples of SaaS tools in construction include project management applications, design software, and collaboration tools. The biggest advantage for the construction industry is that SaaS eliminates the need for hardware acquisition, software licensing, and complex installations. It enables real-time data sharing, enhancing collaboration among teams located in different locations of the world. Users can access services from any internet-enabled device, offering mobility and flexibility. Investment into maintenance and upgrade is also reduced as the SaaS provider takes care of these. Thus, SaaS plays a vital role in streamlining construction operations by making software more accessible and affordable.