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:
Within 8 months of completion of claimant’s work.
PUBLIC:
Contract Funds:
Within 30 days of acceptance for claim.
Bond:
Within 120 days of last delivery (unless the bond stipulates a shorter period).
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within one year after filing, unless extension is filed with county court within that time, OR unless the lienor is served (personally or by leaving notice at lienor’s residence; certified or registered mail is insufficient) with a notice to commence the action or show cause why it should not be vacated or cancelled.
PUBLIC:
Monies due:
Within one year from time of filing notice, unless within that time an extension is filed with either the comptroller of the state or the financial officer of the public corporation with whom the notice of lien was filed.
Payment bond:
More than 90 days after last delivery, but within one year after the date on which the public improvement has been completed and accepted by the public owner.
School project:
More than 30 days after presentation of the claim, if the public body has neglected or refused to make an adjustment or payment, but less than one year after the cause of action arose.
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 are generally not covered, but there is case law stating that if the bond does not explicitly limit its coverage to those supplying contractors and subcontractors, then suppliers to suppliers MAY be covered by the bond, though they will not have a claim against the funds held by the state.
B. Is this a Full Price Lien State:
On Private Projects:
A subcontractor’s (and presumably a supplier’s) lien amount is limited to the amount owed to the general contractor by the owner at the time the notice of lien is filed. A sub-subcontractor’s claim is limited to the amount owed to the first-tier subcontractor.
On Public Projects:
A subcontractor’s or supplier’s claim against the contract funds is limited to the amount due or to become due to the general contractor.
