1. Deadline to Give Preliminary Notice (Notice of Furnishing Materials, Labor or Machinery)
PRIVATE:
LIEN:
Owner occupied 1- or 2-family dwellings only:
-For alteration, remodel or repair: Notice must be received within 30 days of first delivery.
-For new construction: Notice must be received within 60 days of first delivery
CONTRACT FUNDS:
Notice must be received before labor or materials are furnished.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
LIEN:
Residential, 1- or 2-dwelling units and outbuildings:
Recorded within 60 days after claimant last furnishes labor or material.
All other projects:
Recorded within 90 days after claimant last furnishes labor or materials.
PUBLIC:
On most projects the lien must be filed with the division and delivered to the contractor not later than 60 days after last furnishing of labor or material to the project. Please contact Levy von Beck & Associates for more information on public works projects.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
If the owner, mortgagee, or other lienholder gives written notice (by registered or certified mail) to file an action foreclosing a lien, then suit must be filed within 30 days after receiving the notice. If no notice is given the deadline is within 1 year after the debt secured by the lien becomes due or the recording of the statement and notice of intention to hold a lien, or the expiration of the credit, if a credit is given.
PUBLIC:
On most projects the lien must be filed more than 30 days after filing the statement with the division and delivering a copy of the claim to the contractor, but less than one year after final settlement with the contractor. Please contact Levy von Beck & Associates for more information.
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 do not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
The claim is limited to the amount held by the owner and owed to the general contractor or the claimant’s customer at the time the claimant gives its final notice.
On Public Projects:
Yes. This is a full price lien state.
