1. Deadline to Give Preliminary Notice (Notice of Intent to Lien)
PRIVATE:
Notice should be received after starting, but no later than 90 days after claimant’s last performance. Unless the project is new home construction. In that case the notice must be given prior to entering into a contract with the consumer. NOTE: The general contractor must file his or her notice not later than 15 days after commencing construction, removal, repair, etc.
PUBLIC:
The notice must be received more than 30 days after the claimant’s customer receives payment for the labor or materials provided by the claimant, and fails to pay the claimant.
2. Deadline to File Claim
PRIVATE:
To town clerk:
After work is commenced or material furnished, but within 90 days after last performance.
To owner:
True and attested copy must be delivered before or within 30 days after filing with town clerk
PUBLIC:
Please contact Levy von Beck & Associates for information.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 1 year after filing lien or within 60 days after appeal from a ruling as to whether the lien should be reduced or discharged, whichever is later.
PUBLIC:
Bond Claim:
After the surety denies liability for all or a portion of the debt and within one year of claimant’s last performance.
Claim Against the State:
After the execution of the contract or the authorized commencement of work on the project, whichever is earlier.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
There is nothing explicitly granting or denying lien rights to suppliers to suppliers.
On Public Projects:
There is nothing explicitly granting or denying lien rights to suppliers to suppliers.
B. Is this a Full Price Lien State:
On Private Projects:
The lien claims are limited to the amount of the owner’s contract with the party through whom the claimant claims.
On Public Projects:
Yes. This is a full price lien state.
