1. Deadline to Give Preliminary Notice
PRIVATE:
A preliminary notice is not required.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Claimants other than the general contractors, within 120 days after claimant’s last performance.
PUBLIC:
We recommend obtaining a copy of the bond itself to determine if any notices are required, and following any requirements set out in the bond.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Via writ of scire facias, and by personal action against owner and/or contractor. The statement/complaint essentially commences the filing of the suit.
PUBLIC:
Within 3 years after last work done on contract, unless the terms of the bond itself require suit be brought within 1 year of date of last work done on the project by the contractor.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
It is not explicit but it is unlikely that suppliers to suppliers have lien rights.
On Public Projects:
Suppliers to suppliers will only have bond rights if the terms of the surety bond explicitly grant them such rights.
B. Is this a Full Price Lien State:
On Private Projects:
Yes. This is a full price state.
On Public Projects:
Yes. This is a full price state.
