1. Deadline to Give Preliminary Notice (Notice of Supplying Labor or Materials)
PRIVATE: Only required on residential projects
By the general contractor:
-On all contracts: The notice must be received before any payment is due.
-On all owner-occupied single family dwellings: Either as part of the contract or as a separate written statement given before the first payment is made.
By all subs and suppliers:
Notice must be received within 60 days after claimant’s first performance.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
General Contractor:
Within 4 months (NOT 120 days) after completion.
Subs & Suppliers:
-Notice of Claim: Received after making the contract and within 90 days (not 3 months) after completion of claimant’s contract.
-Claim of Lien: Recorded with County Recorder, more than 10 days after giving final notice to owner, but less than 4 months (not 120 days) after completion of the claimant’s contract.
PUBLIC:
Payment bond or letter of credit:
-To public body: Received within 180 days after last delivery
-To contractor: Received within 10 days after filing with public body.
Contract funds:
Received or refused before remaining payment(s) sufficient to cover claim are paid to contractor, OR within 30 days after receiving written demand from the contractor that claimant file lien. Given to the contractor “at once” after filing.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
General Contractor:
Suit must commence within four months after completion of the project. If the contractor records its claim of lien, it must file suit (or join in an existing action, and answer, counterclaim, etc., within that suit) within 2 years after completion of the project.
Subs & Suppliers:
More than ten days after giving its notice of lien claim, but less than four months after completion of its contract, if claimant chooses not to record its claim of lien. If claimant records its claim of lien, then it must foreclose on it (or join in an existing action, and answer, counterclaim, etc., within that suit) within 2 years after completing its contract
PUBLIC:
Not later than one year after the last date that the claimant furnished work or materials
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
Though the law is not as explicit as it could be, it appears that suppliers to suppliers do have lien rights.
On Public Projects:
Though the law is not as explicit as it could be, it appears that suppliers to suppliers do have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
1) The claim is limited to the unpaid amount owed to claimant’s customer as of the date the claimant serves its notice of its lien.
2) The claim is limited if the owner has been prejudiced by making payments before receiving the notice; i.e., it is limited to the unpaid balance at the time the owner receives the preliminary notice.
On Public Projects:
The claim is limited to contract funds owed to contractor.
