1. Deadline to Give Preliminary Notice (Notice to Owner & Notice to Contractor)
PRIVATE:
Before commencing or within 45 days after commencing to furnish services or materials, or within 45 days of commencing to make specially fabricated materials.
PUBLIC:
Before furnishing materials or not more than 45 days after beginning to furnish labor, services, materials, etc.
2. Deadline to File Claim
PRIVATE:
To County Clerk:
During the work or within earliest of 90 days after claimant’s final delivery or work, or 90 days after the original contract is terminated.
To Owner, contractor, and sub:
Notice must be received before recording or within 15 days after recording.
PUBLIC:
Notice must be received more than 45 days after first furnishing labor or materials, and not later than 90 days after claimant’s last delivery of materials, etc.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within one year of recording the lien or one year after the recording of an amended lien that shows a later date of final furnishing of labor, services or materials
PUBLIC:
Within one year of claimant’s completing the furnishing of labor or materials, and after both the preliminary notice (notice to the contractor) and the final notice (notice of nonpayment) have been served, if required.
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:
Claim is limited to unpaid funds to the contractor on all private projects, unless the owner disburses the final payment to the contractor before receiving the contractor’s Final Payment Affidavit.
On Public Projects:
The total of all liens cannot exceed the amount of the direct contract.
