Do you guys ever use these? In my jurisdiction, I think you have to file within 90 days from completion of work, which seems pretty early to me, given that lots of receivables in public works design/construction can run longer than that. Also considering that it's an adversarial act, I wonder if it's worth pi$$ing off your client. Any thoughts or experience?
If they haven't paid within 90 days you are being screwed over
File at 60 days + 1 - unless they are a good client
Sending a notice of intent to lien and actually going all the way through to perfecting one are completely different things. I've sent plenty of notices of intent but only followed all the way through on one and because of my desire to not piss anyone off I was in 20th place in line on the one. Usually the notice gets the point across. I can't operate as a business with my money tied up in receivables past 90 days nor will the bank look at those dollars when considering loans or credit lines so yeah, I'll send one if I get a whiff of something going sideways.
I took a three hour class in how to do this, but that was ages ago.
The preliminary notice is essential. I had a load of concrete delivered to my house one time and had to sign a form that said I received the preliminary notice, which incidentally was attached to the receipt, before he would unload the truck for my contractor.
I also failed to provide one to a contractor who stiffed me on about $1,000 worth of curb staking. The city involved said "Give us a copy of your preliminary lien notice and we'll withhold the amount from his bond." Oops!
Yes - on every job over $5K. We have to send the client a Preliminary Notice within 20 days of the COMMENCEMENT OF WORK in order for it to be enforceable. Have had about 3 upset clients in 40 yrs. - most seem to understand.