1. Deadline to Give Preliminary Notice
PRIVATE:
Notice should be given within 20 days after claimant’s first performance. If given later, will only cover work or materials supplied 20 days prior to giving notice, and thereafter.
PUBLIC:
Within 20 days after claimant’s first performance. If given later, will only cover work or materials supplied 20 days prior to giving notice, and thereafter.
2. Deadline to File Claim
PRIVATE:
Notice must be received within 30 days after Notice of Completion or Notice of Cessation is filed, or within 90 days after completion of entire project if no Notice of Completion or Notice of Cessation is filed.
PUBLIC:
If notice of completion, cessation or acceptance is recorded, stop payment notice must be received within 30 days of recording. If none is recorded, then within 90 days after cessation or completion.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Stop Notice: More than 10 days after notice is served and less than 90 days after the time to file a stop payment notice.
Lien Claim: Within 90 day of recording the claim of lien.
PUBLIC:
Stop Notice: More than 10 days after stop payment notice served but within 90 days after the time to file a stop payment notice expires.
Bond: Within six months after time for claimant to file a stop payment notice expires.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
A supplier to a supplier does not have lien rights.
On Public Projects:
A supplier to a supplier does not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
Yes. This is a full price lien state.
On Public Projects:
Yes. This is a full price lien state.
