1. Deadline to Give Preliminary Notice (Notice of Materials and/or Labor)
PRIVATE:
On Residential Projects:
As to the general contractor’s notice, no timing is specified, though the sooner the better. Presumably, it should be given at the outset. As to the subcontractor’s (including suppliers) notice, the sooner the better, as a preliminary notice posted before the balance due is paid to the general contractor or the owner-builder is effective as to all labor, services, equipment and material furnished to the property by the subcontractor
On Commercial Projects:
Notice must be received within 30 days of first furnishing the labor or materials.
PUBLIC:
Notice must be received within 30 days after claimant’s first performance.
2. Deadline to File Claim
PRIVATE:
Within 90 days after its last performance or delivery.
PUBLIC:
Bond:
Received within 30 days of completion and final acceptance of work, or later if contract has not yet been paid in full and no action is pending to settle a dispute on the contract funds
Retainage:
Received within 30 days after completion of 95% of the contract, or later if the public body hasn’t paid the full contract price and there is no action pending against the remaining contract funds.
Early Release of Retainage:
To all known subcontractors, sub-subcontractors and suppliers: Received after substantial completion but 10 days prior to giving notice to the public contracting body.
To the public body: Received ten days after notifying subs, etc.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 2 years and 90 days after the claimant last furnished labor or materials, unless owner serves written demand to commence action, in which case the claimant must file suit within 30 days after receiving demand.
PUBLIC:
Bond:
More than 30 days, but less than 60 days after completion and acceptance of work.
Retainage:
More than 30 days, but less than 60 days after completion of 95% of the contract.
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:
Suppliers to suppliers do not have rights against the payment bond.
B. Is this a Full Price Lien State:
On Private Projects:
Residential:
The claim is limited to the balance due the general contractor at the time the claimant’s notice is posted to the registry, and if it is posted before the balance due is paid to the general contractor or the owner-builder, then it is not limited.
In all cases where the claimant gives the final notice more than 90 days after last furnishing labor or materials:
The claim is limited to the amount owed to the contractor at the time the final notice is given
On Public Projects:
Yes. This is a full price lien state.
