1. Deadline to Give Preliminary Notice
PRIVATE:
ASAP. The notice should be received by the owner or the owner’s agent before the first date of performance.
PUBLIC:
A preliminary notice is not required.
1A. Deadline to Interim Notice
PRIVATE:
Notice must be given prior to filing lien claim.
PUBLIC:
Not required.
2. Deadline to File Claim
PRIVATE:
-By laborers and journeyman: Within 30 days of last performing work.
-By original contractor: Within six months of last performance
-By all others: Within 4 months after last labor performed or last material furnished by claimant.
PUBLIC:
-Bond: Anytime, however we advise sending within 30 days of last delivery of materials or last date of performance.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 6 months of date of last delivery or date of last performance.
PUBLIC:
Anytime, however a party must wait at least 45 days after the claim notice has been received by the surety.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
Suppliers to suppliers do not have lien rights.
On Public Projects:
Suppliers to suppliers MAY be covered, but only where the materials supplied make up a large portion of the overall contract, and are specially fabricated.
B. Is this a Full Price Lien State:
On Private Projects:
It is a full price state, however, the full price can only be recovered if the notice is received before the furnishing any labor or materials. Otherwise the claim will be limited to the amount due to the contractor at the time written notice is received.
On Public Projects:
Yes. This is a full price lien state.
