1. Deadline to Give Preliminary Notice (Notice to Owner)
PRIVATE:
If supplying rental products to the general contractor or a subcontractor:
The notice must be received within 15 days of the date that the equipment reaches the jobsite.
New Residential Project:
A notice of rights should be recorded and delivered to the owner not less than 5 calendar days prior to the anticipated closing date stated in a notice of sale.
PUBLIC:
A preliminary notice is not required.
1A. Deadline to Interim Notice
PRIVATE:
The notice must be received at least 10 days prior to filing lien.
PUBLIC:
An interim notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 6 months of last date of delivery of materials or performance of labor. For equipment renters, notice must be filed within 60 days after the last date that equipment was removed from the construction site.
PUBLIC:
There is no statutory provision for any notices, or any time constraints for filing suit. The terms of the bond itself may, however, require notice, and these requirements must be followed
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 6 months after filing lien.
PUBLIC:
There is no specific time limit if filing against the bond. HOWEVER, that if the surety notifies the claimant in writing that the claimant must commence a suit against the contractor, the claimant must do so within 30 days after receiving the notice, and must pursue the action with due diligence to judgment and execution.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
Yes. Suppliers to suppliers do have lien rights.
On Public Projects:
Yes. Suppliers to suppliers do have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
