1. Deadline to Give Preliminary Notice (Notice of Lien)
PRIVATE:
The preliminary notice must be received by before the first performance.
NOTE: A second notice must be given 30 days later for additional performance or delivery of materials.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim (Notice of Lien Account of Work Performed-Notice to Provider of Construciton Funds)
PRIVATE:
A lien is perfected by judicial judgment when it is foreclosed. There is actually no lien filing requirement.
PUBLIC:
If filing against contract funds:
The notice must be filed within 90 days after the completion and acceptance of project.
If filing against the payment bond:
The notice must be received within 90 days after the completion and acceptance of project.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 120 days after claimant last furnishes labor, professional design services, or materials, claimant must start suit by writ of attachment on materials, building, and property.
PUBLIC:
Contract Funds:
No specific provision; recommend starting action sooner rather than later.
Payment Bond:
Within one year after filing final notice.
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, at least where the claimant’s customer is supplying a subcontractor. It is not clear if they have rights where the customer is supplying the direct contractor.
On Public Projects:
Suppliers to suppliers do not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
NOTE: The following limit is only for claimants who failed to file a preliminary notice before first beginning to furnish labor or materials.
The lien will be limited to the amount owed to the contractor at the time the preliminary notice is given.
On Public Projects:
Yes. This is a full price lien state.
