NOTICE OF INTENTION TO HOLD MECHANIC’S LIEN
(“Pre-Lien Notice” / “Notice to Owner”)
District of Columbia
[Effective Date: [DATE]]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Notice of Intent)
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution & Governing Law
- General Provisions
- Certificate of Service
- Execution Block
- Exhibits
1. DOCUMENT HEADER
THIS NOTICE OF INTENTION TO HOLD MECHANIC’S LIEN (the “Notice”) is issued pursuant to D.C. Code § 40-301.02 by:
• Claimant: [CLAIMANT LEGAL NAME], a [STATE] [ENTITY TYPE], having its principal place of business at [ADDRESS] (“Claimant”);
• Owner: [OWNER LEGAL NAME], whose address for notice is [ADDRESS] (“Owner”);
• General Contractor (if not Claimant): [GC LEGAL NAME], whose address is [ADDRESS] (“Contractor”).
RECITALS
A. Claimant has furnished labor, materials, and/or equipment (collectively, the “Work”) to improve the real property located at [STREET ADDRESS, WARD, CITY, DC ZIP], more particularly described on Exhibit A attached hereto (the “Property”).
B. Pursuant to D.C. Code § 40-301.02, a party not in direct contract with the Owner must serve written notice of intention to hold a mechanic’s lien within ninety (90) days after the earlier of (i) completion or (ii) termination of the Contract under which the Work was furnished.
C. Claimant desires to preserve and perfect its statutory lien rights by timely serving this Notice.
NOW, THEREFORE, Claimant hereby issues this Notice in accordance with applicable law.
2. DEFINITIONS
For purposes of this Notice, capitalized terms have the meanings set forth below:
“Contract” – The prime contract dated [DATE] between Owner and Contractor for construction of [PROJECT DESCRIPTION] at the Property.
“Improvement” – The building, structure, or other permanent improvement to the Property for which the Work was furnished.
“Last Furnishing Date” – [DATE], being the last date on which Claimant supplied labor, materials, or equipment for the Improvement.
“Lien Amount” – $[AMOUNT], representing the unpaid portion of the Contract price for Claimant’s Work, exclusive of interest, finance charges, attorney fees, and permissible costs.
“Notice Date” – The date indicated on the Certificate of Service when this Notice is deposited for mailing or personally delivered, as applicable.
“Project” – The overall construction project known as [PROJECT NAME] located at the Property.
3. OPERATIVE PROVISIONS (NOTICE OF INTENT)
3.1 Statutory Notice. Pursuant to D.C. Code § 40-301.02, Claimant hereby notifies Owner of its intention to hold a mechanic’s lien against the Property and the Improvement to secure payment of the Lien Amount.
3.2 Amount Claimed. The Lien Amount is $[AMOUNT], which equals the reasonable value of Work performed, materials furnished, and/or equipment supplied by Claimant, less all lawful credits, offsets, and payments received.
3.3 Nature of Work.
a. Labor: [DESCRIPTION OF LABOR]
b. Materials: [DESCRIPTION OF MATERIALS]
c. Equipment: [DESCRIPTION OF EQUIPMENT]
3.4 Work Period. Claimant furnished Work from [START DATE] through the Last Furnishing Date.
3.5 Reservation of Rights. Claimant expressly reserves all rights and remedies available under District of Columbia law, including the right to (i) file and record a formal Notice of Mechanic’s Lien within the statutory period, (ii) initiate suit to enforce such lien, (iii) seek injunctive or other equitable relief, and (iv) recover interest, costs, and attorney fees as permitted by law.
4. REPRESENTATIONS & WARRANTIES
4.1 Authority. Claimant is duly organized, validly existing, and in good standing under the laws of its state of formation and is authorized to do business in the District of Columbia.
4.2 Performance. Claimant performed the Work in accordance with applicable plans, specifications, and industry standards.
4.3 Unpaid Balance. As of the Notice Date, the Lien Amount remains due and owing and has not been paid, bonded, or otherwise satisfied.
4.4 Accuracy. The statements contained herein are true and correct to the best of Claimant’s knowledge, information, and belief.
[// GUIDANCE: Consider adding a supporting sworn statement or notarized verification if Owner requests additional substantiation.]
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Owner shall, upon reasonable request, furnish Claimant with copies of any payment bonds, funding information, or other documents relevant to payment.
5.2 Cure Opportunity. Owner may discharge the prospective lien by (a) paying the Lien Amount directly to Claimant, or (b) posting a statutory bond in the full Lien Amount with the Recorder of Deeds, as allowed by D.C. Code § 40-303.16.
6. DEFAULT & REMEDIES
6.1 Event of Default. Failure of Owner to satisfy the Lien Amount within ten (10) days of receipt of this Notice constitutes an “Event of Default.”
6.2 Remedies. Upon an Event of Default, Claimant may:
a. Record a Notice of Mechanic’s Lien with the D.C. Recorder of Deeds;
b. Commence an action in the Superior Court for the District of Columbia to enforce the lien;
c. Seek injunctive relief to foreclose on the Property; and
d. Recover all fees, costs, and interest permissible under D.C. law.
7. RISK ALLOCATION
7.1 Limitation of Liability. Owner’s aggregate liability to Claimant shall not exceed the Work Performed Value, defined herein as the Lien Amount, except to the extent additional sums are recoverable under applicable statute for attorney fees, costs, and interest.
7.2 Force Majeure. To the extent Owner’s non-payment is due to a Force Majeure Event affecting project funding, Owner shall promptly notify Claimant in writing, detailing the nature and expected duration of the event.
[// GUIDANCE: While indemnification is “not applicable,” insert limitation language to cap exposure consistent with metadata.]
8. DISPUTE RESOLUTION & GOVERNING LAW
8.1 Governing Law. This Notice and any ensuing mechanic’s lien enforcement action shall be governed by the laws of the District of Columbia without regard to conflicts of law principles.
8.2 Forum Selection. The parties agree that any action to enforce or discharge the lien shall be filed exclusively in the Superior Court for the District of Columbia (Civil Division).
8.3 Arbitration & Jury Trial. Arbitration is not applicable, and no jury-trial waiver is asserted herein.
8.4 Injunctive Relief. Nothing herein limits Claimant’s statutory right to obtain injunctive or equitable relief for lien enforcement.
9. GENERAL PROVISIONS
9.1 Amendments; Waivers. Any amendment or waiver of this Notice must be in writing signed by Claimant.
9.2 Assignment. Claimant may assign its rights under this Notice to a secured lender or factoring entity upon written notice to Owner.
9.3 Severability. If any provision of this Notice is held unenforceable, the remaining terms shall remain in full force.
9.4 Integration. This Notice constitutes the entire notice required under D.C. Code § 40-301.02 and supersedes all prior verbal or written communications regarding the subject matter.
9.5 Counterparts; Electronic Signatures. This Notice may be executed in counterparts and delivered via electronic signature, each of which shall be deemed an original.
10. CERTIFICATE OF SERVICE
I, the undersigned, hereby certify that on [DATE] (the “Notice Date”) I caused a true and correct copy of this Notice of Intention to Hold Mechanic’s Lien to be served upon the Owner (and Contractor, if required) as follows:
☐ Personal delivery to [NAME] at [ADDRESS]
☐ Certified Mail, return receipt requested, tracking no. [NUMBER], addressed to [ADDRESS]
☐ Registered Mail, return receipt requested, tracking no. [NUMBER], addressed to [ADDRESS]
☐ Left with a person in charge at Owner’s residence or usual place of business located at [ADDRESS]
Service is deemed effective on the date of mailing or personal delivery, in accordance with D.C. Code § 40-301.02(b).
Signature: ______
Name: [PRINTED NAME]
Title: [TITLE]
Date: [DATE]
[// GUIDANCE: Retain mailing receipts and domestic return receipts for evidentiary purposes.]
11. EXECUTION BLOCK
IN WITNESS WHEREOF, the undersigned Claimant has executed this Notice as of the Effective Date set forth above.
CLAIMANT:
By: [AUTHORIZED SIGNATORY]
Its: [TITLE]
Date: [DATE]
(OPTIONAL NOTARY ACKNOWLEDGMENT)
District of Columbia, ss:
Subscribed and sworn before me on [DATE] by [NAME], duly authorized to act on behalf of Claimant.
Notary Public
My commission expires: _______
12. EXHIBITS
Exhibit A – Legal Description of Property
Exhibit B – Statement of Account / Itemized Work & Charges
[// GUIDANCE: Attach a full metes-and-bounds legal description or copy of the deed. Provide an itemized statement showing dates, quantities, and charges to substantiate Lien Amount.]
END OF DOCUMENT