Updated Nov 2025 | Private Projects: CA Civ § 8200–8216
California is one of the strictest states when it comes to mechanics lien laws. The main requirement is the Preliminary Notice (often referred to as a 20-day notice) for material suppliers to preserve their lien rights. If they remain unpaid and intend to file a lien, they may send Notice of Intent to Lien (as a business communication, not a statutory requirement) to prompt property owners to produce payment before leading to a lien filing.
This guide lays out how to serve a Notice of Intent to Lien letter, its benefits, and best practices.
Preliminary Notice Vs. Notice of Intent to Lien: What You Need to Know
Before you file a mechanics lien in California, it’s important to understand two tools that often come up in the payment process: the Preliminary Notice and the Notice of Intent to Lien. They serve very different purposes—and using each one correctly can make the difference between getting paid or losing your rights.
Preliminary Notice (Legally Required):
In most cases, if you’re not directly hired by the property owner, California law requires you to serve a Preliminary Notice. This notice preserves your right to later file a mechanics lien, serve a stop payment notice, or make a bond claim. It must be served within 20 days of first delivering labor or materials to the job site. If you don’t serve it properly, you may lose your lien rights entirely. (See California Civil Code § 8200.)
Notice of Intent to Lien (Strategic, Not Required):
This is not a legal requirement in California, but it’s still a powerful tool. A Notice of Intent to Lien is an informal letter you send to let the property owner—and possibly others on the project—know that you’re prepared to file a mechanics lien if payment isn’t resolved soon. While it doesn’t replace or extend any statutory deadlines, it often gets results by showing that you’re serious and ready to act. Many contractors and suppliers use it as a last push before formally recording a lien.
When Must You Send a Notice of Intent to Lien Letter?
The Notice of Intent to Lien letter is optional so there’s no statutory deadline, but it is best to send it after payment is overdue and after any initial attempts to collect payment have failed. Just make sure to send it before the statutory deadline for recording an actual mechanics lien.
The general rule is to give the property owner (and other recipients) enough time to settle the outstanding debt – usually between 10 and 30 days – before you plan to record a mechanics lien. Best practice is to send the NOI letter at least 10 days before you plan to record the mechanics lien.
Important Note: Sending a Notice of Intent to Lien letter does not extend the statutory deadline for filing a California mechanics lien. Make sure that you send the Notice of Intent to Lien letter way before the California mechanics lien deadline of 90 days after completion of work or cessation to avoid complications with meeting the statutory lien requirements.
How to Send a Notice of Intent to Lien Letter
1. Prepare the Notice of Intent to Lien Letter
Since this is an informal communication, there’s no prescribed statutory form. However, to make it effective, your Notice of Intent to Lien letter should clearly convey your message.
The following information should be included in your Notice of Intent to Lien letter:
- The name and address of the property owner
- The name and address of the general contractor (if applicable)
- The name and address of the party who hired you (if different from the general contractor or the property owner)
- A brief description of the services you furnished to the project
- A description of the property location that is sufficient for identification
- The payment amount that you are yet to receive
- A statement saying that you are about to file a mechanics lien if the claimed amount does not get settled within the next 10 to 30 days
Note that there are no specific rules for preparing this letter. It is, however, fairly standard in California to give property owners at least 10 days before filing a mechanics lien.
2. Deliver the Notice of Intent to Lien Letter
There are no right or wrong methods for delivering the Notice of Intent to Lien letter. You may hand the letter in person, or you may send it via certified mail with return receipt requested.
You may send the Notice of Intent to Lien letter to the property owner, as well as the general contractor and the party who hired you, if applicable.