What is a Performance Obligation?

ASC 606, Revenue from Contracts with Customers, is an accounting standard that provides a comprehensive, industry-neutral revenue recognition model intended to increase financial statement comparability across companies and industries. For the construction industry, it has substantial implications as it changes how and when revenue from contracts is recognized. Under this model, construction companies recognize revenue by transferring promised goods or services to customers in an amount that reflects the consideration they expect to receive. ASC 606 can affect a construction company's financial statements, operations, and tax obligations. It demands that companies disclose more detailed revenue and contract information than before. Therefore, understanding ASC 606 is critical for construction industry stakeholders to assess a company's performance and future prospects accurately.

Outside financing, in the context of the construction industry, refers to the process of seeking funds from external sources to cover costs associated with building projects. These sources can be institutional lenders like banks, credit unions, insurance companies, or private sources such as private equity funds, venture capitalists, or individual investors. Construction firms can opt for outside financing when internal resources or profits aren't sufficient to meet the materials, labor, and equipment costs. Different types of outside financing for construction can include loans, lines of credit, or bonds. The specific financing option chosen often depends on factors such as the scale of the project, the creditworthiness of the construction firm, and the risk appetite of the prospective financer. Some loans could be short term, covering immediate costs, while others may be long term, planned for extensive projects. While outside financing can be a lifesaver, it's noteworthy that it adds to the project's overall cost due to the interest and fees charged by lenders. Thus, it should be optimally strategized in the project's financial planning phase.

A notice of intent to lien (NOI)—sometimes called an intent notice or notice of non-payment—is a legal document that serves as a final warning from a subcontractor or supplier to the property owner, developer, or general contractor (GC) indicating their intent to file a mechanic’s lien against the property in the event of non-payment.

The purpose of an NOI is two-fold: First, it protects the subcontractor’s or supplier's rights to establish a legal claim against the property, allowing them to file a lien—or pursue legal action—if the outstanding payment is not made within a specific time frame. Second, it motivates the responsible party (i.e., property owner, developer, or GC) to settle the outstanding payment(s). This is because once a mechanic’s lien is filed, the property owner can’t sell or refinance the property until the debt is settled.

Currently, NOIs are only legally required in nine states:

• Arkansas (10 days before filing lien)
• Colorado (10 days before filing lien)
• Connecticut (Within 90 day lien period)
• Louisiana (material suppliers on residential projects 10 days before filing lien)
• Missouri (10 days before filing lien)
• North Dakota (15 days before filing lien)
• Pennsylvania (30 days before filing lien)
• Wisconsin (30 days before filing lien)
• Wyoming (10 days before filing lien)

However, regardless of state requirements, sending NOIs can be a beneficial and inexpensive step that increases subcontractors’ chances of getting paid (ideally without actually having to file a lien). Note that subcontractors must first submit a pre-lien (or preliminary) notice before submitting an NOI. Making both of these a standard part of accounting processes for past-due payments can improve A/R collection processes—and get payments in the door faster.

Along this vein, Siteline empowers subcontractors by providing visibility into outstanding payments across all projects, alerting them when it's time to pursue overdue balances—or issue an NOI for the most persistent cases.

To experience how Siteline can help your subcontracting business proactively manage payment processes, leverage NOIs when necessary, and accelerate cash flow, book a personalized demo today.