1. Deadline to Give Preliminary Notice (Subcontracto or General Contractor Identification Notice)
PRIVATE:
The Notice must be received within 60 days of first date of delivery of materials or performance of labor.
PUBLIC:
The Notice must be received within 60 days of first date of delivery of materials or performance of labor.
1A. Deadline to Interim Notice
PRIVATE:
At least 30 days before filing lien, so, within 5 months after claimant’s last delivery.
PUBLIC:
An interim notice is not required.
2. Deadline to File Claim
PRIVATE:
For a Claim Against Real Property:
Filed in the circuit court within six months after claimant’s last delivery and at least 30 days after filing the notice of intent and served on the property owner within 30 days after filing the lien.
For a Claim Against Contract Funds:
-To owner and mortgage lender: Received before payment is made to the prime or sub.
-To contractor or subcontractor: Received within seven days after service on owner or lender.
PUBLIC:
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
For a Claim Against Real Property:
Within two years after filing lien.
For a Claim Against a Payment Bond:
Within one year after completion of the contract for the construction of the improvement.
For a Claim Against Contract Funds:
Suit is only necessary where (1) the prime contractor or sub disputes the claimant’s claim by serving written notice on the owner and lien claimant within 30 days of receiving notice; or (2) where the total claims exceed the amount due to the prime or sub, the prime or sub do not dispute the debts, the owner and lender figure out a pro rata distribution plan, serve notice of their determination on all the claimants, and someone objects. Otherwise the funds will be paid out within 20 days after service of the determination.
PUBLIC:
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 MAY have bond claim rights, if their customer is contracting directly with the general contractor. Please contact Levy von Beck & Associates for more information.
B. Is this a Full Price Lien State:
On Private Projects:
If a sub or supplier claimant’s preliminary notice is given later than 60 days after the first delivery of labor or materials, then it will only cover labor or materials supplied after the owner receives the notice.
On Public Projects:
Yes. This is a full price lien state.
