1. Deadline to Give Preliminary Notice (Notice of Furnishing)
PRIVATE:
The notice must be post marked within 21 days of first delivery or performance of labor. NOTE: If the preliminary notice is sent before first delivery it will be considered ineffective.
PUBLIC:
The notice must be post marked withing 21 days of first delivery or performance of labor.
2. Deadline to File Claim
PRIVATE:
Residential:
Within 60 days of date of last delivery or performance of labor.
Commercial:
Within 75 days of date of last delivery or performance of labor.
PUBLIC:
Retainage:
Within 120 days of the date of last delivery or performance of labor.
Bond:
Within 90 days of acceptance.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 6 years after filing with county recorder, BUT if owner, part owner, lessee or mortgagee or other person with an interest in the property, or any general or sub who has put up a bond or other security, serves on the lien claimant a notice to commence suit, then suit must be commenced within 60 days after receiving that notice.
PUBLIC:
Contract Funds:
Within 60 days after receiving a notice to commence suit from public authority, general contractor, or subcontractor.
Payment Bond:
More than 60 days after giving notice to sureties, but less than one year after acceptance of 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, but apparently only where they are not too far removed from the owner. Please contact Levy von Beck for more information.
On Public Projects:
Suppliers to suppliers may bring a claim against the bond, but only when they are supplying a supplier to the general contractor.
B. Is this a Full Price Lien State:
On Private Projects:
Commercial:
Yes. This is a full price lien state.
On all condominium or one- or two-family dwelling projects:
The amount unpaid to the general contractor at the time the claimant’s lien is filed. Furthermore, the sum total of all the liens filed cannot exceed the amount owed to the general contractor.
On Public Projects:
Yes. This is a full price lien state.
