1. Deadline to Give Preliminary Notice (Notice to Owner & Intent to File Lien)
PRIVATE:
Residential Projects:
Notice must be received within 75 days after claimant’s last delivery.
All Other Projects:
Notice must be received within 75 days after last delivery for claim of $1,000 or less, and within 120 days after last delivery for larger claims
2. Deadline to File Claim
PUBLIC:
Contract Funds: The claim must be filed prior to filing lien, but the sooner the better because the lien only relates back to date of filing this notice.
Bond: Must obtain a copy of the bond to determine deadline. Many bonds bonds require notice within 90 days of last performance.
PRIVATE:
Within 6 months of the date of last shipment or date of last performance of labor.
PUBLIC:
Contract Funds:
Received within 60 days after last day of month in which the claimant furnished labor, materials or supplies, or within 60 days after the date of substantial completion, whichever is later.
Bond:
No statutory provisions, therefore recommend obtaining a copy of the bond to determine the requirements in the bond itself.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 12 months from the date of filing.
PUBLIC:
Contract Funds:
If suit is necessary, it must be filed and served on the public authority within 30 days after written notice of the protest is mailed to the claimant by the public authority.
Bond:
No statutory provisions, therefore you need to obtain a copy of the bond to determine the requirements in the bond itself
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:
On Public Projects:
The claim is limited to the amount of the unpaid balance due to the contractor at the time a copy of the preliminary notice, attested to by the county clerk, is given to the public entity.
