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What is the equivalent for an "Intent to Lien" for a Subcontractor

We are subcontractor for an apartment complex. We have done a large amount of work there. What is the proper documentation to send to them for us to be paid? A reconstruction company hired us to do the mitigation work for this apartment complex.

2 replies

Apr 8, 2021

Hello,

You will want to start with a Notice of Intent to Lien. Make sure language is in the notice for funds trapping. This notice should be sent ASAP and sent to all the contractors above you as well as the property owner. Attach an itemized bill for the unpaid balance. Levelset can help with this. So can an attorney.

There are some questions that need to be answered such when was the last time you were on the job? Is the job finished? Is your portion finished? Is retainage being withheld? Etc. The answers to these questions have the potential to affect the direction you go but a Notice of Intent to Lien is a safe start, usually.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com

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Apr 9, 2021

If you contracted directly with the contractor who contracted with the owner, you would have to provide the owner with a notice of non-payment with a request that the owner trap funds by certified mail by the 15th day of the third month after the end of the month in which you performed the unpaid work (assuming a project involving more than four units). If the project has only four or less units, your notice of non-payment with a funds trapping notice would be due by the 15th day of the second month after the end of the month in which you performed your unpaid work. Retain a construction attorney to evaluate your situation and to provide advice. Good luck.

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