1. Deadline to Give Preliminary Notice (Notice to Owner or Owner's Agent Of Intention to Claim a Lien)
PRIVATE:
The notice must be received within 120 days of last delivery of materials or last date of performance of labor.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 180 days of last delivery of materials or date of last performance of labor.
PUBLIC:
Bond Claim:
Within 90 days of claimant’s last furnishing of labor or material.
Contract Funds:
The notice must be received more than ten days after the contractor has received payment from the state.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
The final notice is itself actually a petition to establish lien, filed with the court. The right to enforce the lien expires one year after the petition to establish the lien was filed.
PUBLIC:
More than 90 days but less than one year of final acceptance of the work performed under 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 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:
The claim is limited to the amount of the unpaid contract funds owed by the owner to the general contractor at the time the claimant gives the preliminary notice.