1. Deadline to Give Preliminary Notice
PRIVATE:
ASAP. No later than within 45 days of the claimant’s first performance.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 120 days of last delivery.
PUBLIC:
Within 120 days of last delivery.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within one year of claimant’s last performance by claimant.
PUBLIC:
Bond:
Within one year of last performance by claimant.
Cashier Check or letter of credit:
Within 120 days after 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:
It appears that suppliers to suppliers MAY have lien rights, especially if the materials are delivered to the jobsite or are specially manufactured for the specific project.
On Public Projects:
Suppliers to suppliers are not covered, unless the supplier receiving the materials can be considered a subcontractor for the purposes of the act, which the court will interpret liberally.
B. Is this a Full Price Lien State:
On Private Projects:
The total of the liens cannot exceed the contract amount plus change orders, less payments made before receiving any preliminary notices, and excluding payments made to discharge liens or pursuant to lien waivers.
On Public Projects:
Yes. This is a full price lien state.
