What legal verbiage needs to be in a NOI to retrieve rental equipment that has not been paid for with amounts past due over 90 days?
1 reply
Aug 31, 2020
Idaho's mechanics lien statute doesn't prescribe any particular document or form for demanding the return of leased equipment. So, I'm not sure there's standard documentation for that like there often is with a Notice of Intent to Lien. Instead, that's typically something the equipment rental company will draw up themselves, potentially with the help of a lawyer.
Generally, drawing up a simple document that explains why the customer is in breach of their agreement, why you're entitled to recover your equipment, and when the recovery will take place should be a good start. Requesting payment before that date so that the work can carry on might be a good idea, too. If there are specific provisions in your contract entitling you to take the equipment back, citing to that should help. Including specific payment dates that have been missed would be wise, too.
I'm not able to draft a demand letter for you or provide advice on specific language you should include, but one of these Idaho construction lawyers may be able to help with that: Top Idaho Construction Lawyers.