1. Deadline to Give Preliminary Notice
PRIVATE:
Within 60 days of the date of last delivery of materials or performance of labor.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 120 days of the date of last delivery of materials or performance of labor. NOTE: It must be mailed to the owner before filing the lien and the proof of mailing must be attached to the lien
PUBLIC:
Bond:
Within 90 days of the date of last delivery of materials or performance of labor.
Contract Funds:
Within 20 days of the date of last delivery of materials or performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 6 years after last delivery, or, if owner, agent or contractor serves demand to commence suit, must bring suit within 30 days after service of demand.
PUBLIC:
Less than one year, but more than 6 months after completion of project, if public body hasn’t brought action.
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 apparently do not have lien rights. There may be some argument for coverage if the claimant’s customer has a contract with the direct contractor.
On Public Projects:
Suppliers to suppliers apparently do not have lien rights. There may be some argument for coverage if the claimant’s customer has a contract with the direct contractor.
B. Is this a Full Price Lien State:
On Private Projects:
Yes. This is a full price lien state.
On Public Projects:
If the claimant’s Notice of Claim (final notice) is not filed timely, then the claim will be limited to amount due to the general contractor at the time of filing.
