Notice of Intent and Its Legal Steps

KEY TAKEAWAYS 

• Notice of Commencement and Notice of Intent are different; they aren't for the same purpose
• A Notice of Intent is a warning within the construction industry
• You can notarize this form efficiently online using NotaryLive, an online notary service

BEFORE YOU READ. 

**Is NOI & NOC the same thing?: 

No. An NOC is filed at the start of a construction project to mark its beginning and end. It also identifies the contractors and stakeholders involved.

Read more on Notice Of Commencement for more information.

Now, let's take a look at an NOI. 

1. What Is A Notice of Intent?

A Notice of Intent is a warning used in construction. It lets property owners, contractors, and others know about a potential issue.

This can be due to a mechanics lien looming or any overdue payments. 

Filing Mechanics Lien Form 

A Mechanics Lien form is the official notice of intent in the mechanic's lien process. 

This straightforward document serves as a last call before initial paperwork gets prepared if payments remain unpaid. 

What about the letter of intent to sue? 

The claimant files a mechanics lien and, if no one pays, sends a letter of intent to sue.

This warns the debtor that they will face legal action if they don’t pay. Possible consequences:

If someone doesn’t follow the requirements in a Notice of Intent (NOI), the outcome depends on what the NOI says.

A few general possibilities can be the following: 

• Verbal/written warnings, suspension or demotion can occur
• Reduction in grade/pay or furlough
• Filing a mechanics lien for unresolved payment issues

2. How do they work in order? 

These forms follow a specific sequence. 

1. Notice of Intent begins the process, giving the first warning to make payments.
2. The claimant files a Mechanics Lien Form when the initial payment isn’t made. This is a more formal document.
3. Letter of Intent to Sue then comes into play, acting as the last warning. This shows that someone will take legal action if the financial disagreement continues.

3. Notarization in the NOI Process 

While the NOI itself doesn't require notarization, there is a specific document that must be. This is an affidavit of service of the NOI. 

You must file this document with the lien, and it must state that you served the notice at least 10 days before filing the lien claim.

States that require notarization for Affidavit of Service:

• Illinois
• Missouri

States that don't require notarization BUT: 

**You must notarize an affidavit if you file a mechanics lien.

• Arkansas
• Colorado
• Pennsylvania
• Wisconsin

In other states, sending a Notice of Intent is not required to protect your lien rights. 

4. Online Notary: NotaryLive as a Resource

No longer do you need to search for a "notary near me" or "notary services near me".

Where can I get something notarized, then?

With an online notary service like NotaryLive, you can get a notary seal/ notary stamp and notarize your documents online. No need for a wet signature or a traditional notary public stamp, where you have to schedule an appointment.

NotaryLive provides a convenient, efficient, and secure online notarization service for your document needs.

Here's how NotaryLive works in 4 easy steps: 

How

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About NotaryLive

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