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Send Escalation Docs
Some states require you to send a warning or escalation notice prior to filing a mechanics lien. In states where these notices are required, there are typically deadlines for when to send notice to give other project stakeholders sufficient time to respond to your claim and resolve the payment dispute before you file a lien.
An easy way to figure out if you’re required to send an escalation notice is to pull up the project in Levelset (type the project name or project number in the search bar at the top of the page) and see if there is a Notice of Intent to Lien or Monthly Notice section in the Deadlines area of the project summary page:
Helpful Hint: If you see either of these sections in your project deadlines, this means that you are required to send an escalation notice prior to filing a lien claim in the state where you’re working.
States that require some or all project participants to send Notices of Intent to Lien prior to filing liens:
States that require some or all project participants to send Monthly Notices prior to filing a lien:
If you are required to send a Notice of Intent to Lien, Levelset will probably ask you for your last furnishing date to calculate your deadline. This date is used in most states to calculate both your Mechanics Lien Claim deadline and your Notice of Intent to Lien deadline, since your Notice of Intent to Lien is often required to be sent a certain number of days before your lien is due.
If you are required to send a Monthly Notice, Levelset will ask you to enter invoice information to calculate your deadline(s). This is because Monthly Notice deadlines are tied to the date(s) of your unpaid invoices. You will have multiple Monthly notice deadlines if you have unpaid invoices from multiple months. Read more about monthly notice requirements here.
If you are not required to send any escalation notice, it is still best practice to send a warning before filing a lien. You are able to order a Notice of Intent to Lien document on any project at any time, but it is usually best practice to do so ten days before filing a lien or bond claim. The Notice of Intent to Lien document includes language stating that a lien or payment bond will be filed ten (10) days after delivery of this notice if no payment is made.