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.
On Public Projects:
Yes. This is a full price lien state.