1. Deadline to Give Preliminary Notice (Notice of Identification)
PRIVATE:
The notice must be received within 30 days of first delivery.
PUBLIC:
A preliminary notice is not required unless the claimant is selling “specialty fabricated materials.” If the materials are specialty fabricated materials then the notice must be received within 20 days of the date the claimant receives the contract. Please contract Levy von Beck & Associates for more information.
1A. Deadline to Interim Notice (Notice of Contract)
PRIVATE:
The notice should be sent around the time of last delivery if there is a past due balance. The deadline is within 60 days of project completion or 90 days of last delivery.
PUBLIC:
An interim notice is not required on public projects.
2. Deadline to File Claim
PRIVATE:
Recorded not later than the EARLIEST of: ninety (90) days after the filing or recording of the Notice of Substantial Completion; OR one hundred twenty (120) days after the filing or recording of the Notice of Termination; OR one hundred twenty (120) days after the general contractor (or someone claiming by, through or under the general contractor) last furnishes labor, materials, both labor and materials, or furnished rental equipment, appliances or tools.
PUBLIC:
Within 65 days of last delivery of materials or last date of performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 90 days after final notice is filed. NOTE: Where a payment and performance bond is provided: the potential claimant needs to obtain a copy of the bond, qualify for coverage under the terms of the bond, and follow all notice and other requirements therein.
PUBLIC:
Within 1 year of claimant’s last furnishing of materials or last date of performance of labor.
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 the owner owes the general (if claimant contracts with the general) or the general owes the sub (if the claimant contracts with the sub) at the time the Notice of Contract is given. A claimant who contracts with a subcontractor and gives both the Notice of Identification and the Notice of Contract will have a full-price lien.
On Public Projects:
Yes. This is a full price lien state.
