The Intent to Lien Notice is a critical document in South African construction law that serves as a formal notification and debt collection tool. It is typically used when payment for construction work, services, or materials has not been received according to the agreed terms. The notice must be issued before formally registering a lien against the property and should be sent as soon as payment becomes significantly overdue. This document includes detailed information about the parties involved, the property in question, the nature and value of work performed, and payment terms. The Intent to Lien Notice provides the property owner with a final opportunity to settle the outstanding amount before more serious legal actions are taken, while also protecting the contractor's right to payment under South African law.
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1. Notice Header: Clearly marked 'INTENT TO LIEN NOTICE' with date and reference number
2. Claimant Details: Full legal name, registration number, and contact details of the party intending to file the lien
3. Property Owner Details: Full legal name and contact information of the property owner(s)
4. Property Description: Legal description and physical address of the property subject to the potential lien
5. Contract Information: Details of the original contract, including date, scope of work, and agreed payment terms
6. Payment Claim: Specific amount owed, payment history, and current outstanding balance
7. Work Description: Detailed description of work performed or materials supplied
8. Legal Basis: Citation of relevant legal authority and statutory basis for the lien
9. Notice Period: Statement of the deadline for payment before lien action will be initiated
10. Demand for Payment: Clear statement of demand for payment and consequences of non-payment
1. Principal Contractor Details: Required when the claimant is a subcontractor, providing details of the principal contractor
2. Bond Information: Details of any construction bonds or guarantees in place, if applicable
3. Previous Communications: Summary of previous payment requests and communications, if extensive attempts at collection have been made
4. Project Financing Details: Information about project financing and lenders, if relevant to the claim
5. Multiple Property Details: Required when work was performed on multiple properties under the same contract
1. Schedule A - Proof of Work: Copies of contracts, purchase orders, delivery notes, or work orders
2. Schedule B - Payment History: Detailed record of all payments made and outstanding amounts
3. Schedule C - Property Documents: Property title deed information and relevant property registration documents
4. Schedule D - Communication Records: Copies of relevant correspondence regarding payment
5. Schedule E - Work Documentation: Photos, invoices, timesheets, or other evidence of work completed
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