1. Deadline to Give Preliminary Notice (Materialman’s Demand on Account)
PRIVATE:
Notice must be received at least 10 days before the lien is recorded, so it must be received no later than 80 days after the claimant last provides labor or materials.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim (Demand on Account and Notice of Intention to File Lien)
PRIVATE:
Within 90 days of claimant’s last date of delivery or performance of labor.
PUBLIC:
Within 90 days of claimant’s last date of delivery or performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Less than 3 years after recording the lien, but more than 10 days after personally serving owner notice of intention to bring action to enforce lien, or more than 20 days after sending such notice by registered or certified mail.
PUBLIC:
For claimants contracting with someone other than the general contractor, more than 90 days after claimant’s last delivery, but within one year after the completion and acceptance of the project. For all other claimants, within one year after the completion and acceptance of the project.
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 MAY have lien rights; the statutory language is broad enough to allow it, but apparently no courts have ruled on the issue.
On Public Projects:
Suppliers to suppliers do not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
The lien is limited to the difference between the price paid by the owner and the price or value of the contribution. If the owner has paid the full price or value of the contribution, no lien is allowed.
On Public Projects:
Yes. This is a full price lien state.
