Pre-lien Notice / Notice to Owner

NOTICE OF INTENTION TO HOLD MECHANIC’S LIEN

(“Pre-Lien Notice” / “Notice to Owner”)
District of Columbia

[Effective Date: [DATE]]

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions (Notice of Intent)
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution & Governing Law
9. General Provisions
10. Certificate of Service
11. Execution Block
12. 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. Under D.C. Code § 40-301.02(a)(1), a claimant seeking to enforce a mechanic's lien records a notice of intent during construction or within ninety (90) days after the earlier of completion or termination of the project.
C. After recordation, § 40-301.02(a)(2) requires a certified-mail copy to the Owner within five (5) business days. A subcontractor or other person employed by the contractor must also comply with § 40-303.03.

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.

3.6 Required Attachments. To the extent applicable and available under D.C. Code § 40-301.02(b), attach:

☐ Current business or contractor license

☐ Certificate of good standing issued within 180 days before filing

☐ Home improvement contract, if the project is provided under one

☐ Evidence of authority if an authorized representative or counsel signs

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.

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 No Contractual Cure Period. This Notice does not create a cure period or alter the statutory methods for releasing or discharging a lien.

6. DEFAULT & REMEDIES

6.1 Nonpayment. Claimant states that the Lien Amount remains unpaid. No additional waiting period is created by this Notice.

6.2 Remedies. Subject to all statutory requirements, 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.

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, certify that the foregoing Notice of Intent was recorded in the District of Columbia land records on [DATE] as Instrument No. [NUMBER], and that on [DATE], within five business days after recordation, I sent a true and correct copy to the Owner as follows:

☐ Certified Mail, return receipt requested, tracking no. [NUMBER], addressed to [ADDRESS]
☐ The certified mailing was returned unclaimed or undelivered, and a copy of the recorded Notice was posted at or on the affected real property in a location generally visible from an entry point on [DATE]

If Claimant is a subcontractor or other person employed by the contractor, record and document the additional service required by D.C. Code § 40-303.03:

☐ Copy left with Owner or Owner's agent in the District

☐ If neither could be found, copy posted on the premises

Signature: ______________________________
Name: [PRINTED NAME]
Title: [TITLE]
Date: [DATE]

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]

(REQUIRED SWORN, NOTARIZED STATEMENT UNDER D.C. CODE § 40-301.02(b)(9))
District of Columbia, ss:
The signer affirms under penalty of perjury and upon personal knowledge that the contents of this Notice of Intent are true and correct to the best of the signer's information and belief and that Claimant has a right to recover the amount claimed.

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
Exhibit C – Applicable License and Certificate of Good Standing
Exhibit D – Home Improvement Contract, if applicable
Exhibit E – Signer's Authority, if applicable

SOURCES AND REFERENCES

• D.C. Code § 40-301.01: https://code.dccouncil.gov/us/dc/council/code/sections/40-301.01
• D.C. Code § 40-301.02: https://code.dccouncil.gov/us/dc/council/code/sections/40-301.02
• D.C. Code § 40-301.03: https://code.dccouncil.gov/us/dc/council/code/sections/40-301.03
• D.C. Code § 40-303.03: https://code.dccouncil.gov/us/dc/council/code/sections/40-303.03
• D.C. Code § 40-303.13: https://code.dccouncil.gov/us/dc/council/code/sections/40-303.13

END OF DOCUMENT