1. Deadline to Give Preliminary Notice (Notice to Owner)
PRIVATE:
Before furnishing any labor or materials.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
The Notice must be recorded and received within 100 days of the claimant’s last delivery or completion of claimant’s contract.
PUBLIC:
A notice is not required.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 6 months after filing notice.
PUBLIC:
No specific provision. NOTE, HOWEVER, that if there is a pay-if-paid clause in the claimant’s contract, the claimant cannot pursue their customer OR the general contractor’s payment bond, if the owner hasn’t paid the contractor. Pay-if-paid clauses are not against public policy as set out in the statute.
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 statutory lien rights, but probably not. Please contact Levy von Beck & Associates for more information.
On Public Projects:
Suppliers to suppliers do not have lien right.
B. Is this a Full Price Lien State:
On Private Projects:
On projects involving either an existing single-family dwelling, a residence being constructed by the owner to become the owner’s primary residence the lien may be limited to the amount owed to the owner when the final notice is given.
On Public Projects:
Yes. This is a full price lien state.
