1. Deadline to Give Preliminary Notice (Notice of Furnishing)
The notice must be post marked within 20 days of first delivery of materials or performance of labor.
PUBLIC:
The notice must be received within 30 days of first performance.
2. Deadline to File Claim
Within 90 days of last performance. If a highway project, then within 60 days.
PUBLIC:
Within 90 days of last delivery of last performance.
3. Deadline to File Suit or Foreclose Claim
Within one year of recording lien. For a claim against a lien discharge bond, however, a recent case holds that suit must be brought within six years of recording the lien.
PUBLIC:
It must be received within 90 days after claimants last delivery of materials or last performance of labor.
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:
This is a full price lien state as long as the claimant has sent the Notice of Furnishing to the appropriate parties. Without a Notice of Furnishing the claim is limited to the amount still owed to the general contractor.
On Public Projects:
Yes. This is a full price lien state.
