1. Deadline to Give Preliminary Notice
PRIVATE:
Commercial:
ASAP or before first delivery of materials or performance of labor as it will keep the owner and builder personally liable.
Residential:
The notice must be received within 30 days of the date of first delivery or performance of labor.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 90 days of the last day of the month in which performance occurs. The lien can only reach back 150 days from the lien date to cover products.
PUBLIC:
Within 180 days of the last date of delivery of materials or performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Before the later of:
-Six months from filing the lien OR
-60 days from completion or termination of the project.
PUBLIC:
More than 90 days but less than one year after claimant’s last delivery.
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. Please contact Levy von Beck & Associates for more information.
On Public Projects:
Suppliers to suppliers probably do not have lien rights. Please contact Levy von Beck & Associates for more information.
B. Is this a Full Price Lien State:
On Private Projects:
The amount recoverable will be limited to the amount the owner owes the general contractor (or the general contractor owes the subcontractor) at the time the owner or general contractor receives the claimant’s final notice. In addition, the claim of a person supplying labor or materials to a subcontractor cannot exceed the amount for which the subcontractor could file its claim.
On Public Projects:
Yes. This is a full price lien state.
