1. Deadline to Give Preliminary Notice (Pre-Lien Notice)
PRIVATE:
The notice must be received within 75 days of claimant’s last date of delivery or performance of labor.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 90 days of the date of last delivery or performance of labor.
PUBLIC:
Bond:
Within 90 days of the date of last delivery or performance of labor.
Contract Funds:
Within 20 days of project completion.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
More than 90 days but less than one year after claim is filed.
PUBLIC:
Within one year from claimant’s date of last delivery or last 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:
Apparently suppliers to suppliers do not have lien rights. Though the law is not completely clear.
On Public Projects:
Suppliers to suppliers are apparently able to bring a claim against the bond.
B. Is this a Full Price Lien State:
On Private Projects:
The claim is limited to the unpaid balance owed to the general contractor.
On Public Projects:
Yes. This is a full price lien state.
