1. Deadline to Give Preliminary Notice (Notice of Intent to Perform)
PRIVATE:
Residential:
Received prior to filing final notice, and the notice on new residential construction must be filed prior to the recording of the deed effecting transfer of the title of the property to the new owner
Commercial:
A preliminary notice is not required.
PUBLIC:
A preliminary notice is necessary only if the terms of the bond demand one.
2. Deadline to File Claim
PRIVATE:
General Contractors:
Recorded within 4 months after the claimant last furnished labor or materials to the project, unless the Notice of Extension is filed within that time, in which case the deadline is 5 months.
Subcontractors & Material Suppliers:
Received within 3 months after claimant’s last work or delivery, unless the Notice of Extension is filed within that time, in which case the claimant will have 5 months to file the lien
PUBLIC:
Notice is only required if the terms of the bond itself require a notice, thus it is best to obtain a copy of the bond.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within one year after filing the lien, but if a promissory note has been attached to the lien statement in lieu of an itemized statement, then suit must start within one year from the maturity of the note.
PUBLIC:
Bond and Certificate of Deposit:
Within 6 months after completion of project
Transportation projects:
Within one year from the date of completion of the contract.
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 outstanding balance owed to the original contractor.
On Public Projects:
Yes. This is a full price lien state.
