1. Deadline to Give Preliminary Notice (Notice to Contractor & Owner)
PRIVATE:
Notice must be received:
-Within 30 days after claimant’s first performance, or
-Within 30 days after filing of notice of commencement, whichever is later.
PUBLIC:
Notice must be received within 30 days from the filing of the Notice of Commencement or 30 days after first delivery of labor, material, etc., whichever is later.
2. Deadline to File Claim
PRIVATE:
Filed within ninety days after claimant’s final performance under the original contract.
PUBLIC:
Notice must be received within 90 days after claimant’s last performance.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
The notice must be filed within 365 days from the date of filing the lien.
PUBLIC:
More than 90 days after last delivery or labor but less than 1 year after completion and acceptance of project.
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 do not have lien rights.
On Public Projects:
Suppliers to suppliers do not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
The claim amount is limited to the unpaid balance on the contract.
On Public Projects:
Where the bond is available and adequate, the claimant cannot bring a claim against the contract funds.
