1. Deadline to Give Preliminary Notice
PRIVATE:
Please Note: A preliminary notice is only required for a GENERAL CONTRACTOR on a RESIDENTIAL PROJECT.
A verbal notice is given prior to entering into the contract with the homeowner or lessee or at the time of signing the contract. Written notice is given before any work is performed, as it is part of the written contract, which must be executed before any work is performed.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
The notice must be received not later than 45 days after the completion date of project.
PUBLIC:
The notice must be received within 90 days after claimant last furnishes labor or materials.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 3 months after entry of Order Directing Lien to Attach.
PUBLIC:
More than 90 days but less than one year after the claimant’s final performance to the 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 may have lien rights. Please contact Levy von Beck & Associates for more information.
On Public Projects:
It appears that suppliers to suppliers do not have rights against the bond, unless the public body letting the contract specifically allows it.
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.
