1. Deadline to Give Preliminary Notice
PRIVATE:
A preliminary notice is only required on residential projects and should be given as soon as possible as the lien will be limited to the unpaid balance at the time a notice is received.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 120 days of the date of last delivery or last performance of labor.
PUBLIC:
Within 4 months of the date of last delivery or last performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
LIEN:
Within 2 years after recording the lien, BUT, if owner or other interested party gives demand to institute suit, must do so within 30 days of receipt of written demand, or else record an affidavit stating that the total contract price is not yet due.
PUBLIC:
After giving notice, where necessary, and more than 90 days after last delivery, but less than 1 year after the date of final settlement of the principal 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 generally do not have lien rights. However, there are some exceptions. Please contact Levy von Beck & Associates for more information.
On Public Projects:
A supplier to a supplier in general is not entitled to bring a bond claim, but in certain circumstances it will be allowed. Please contact Levy von Beck & Associates for more information.
B. Is this a Full Price Lien State:
On Private Projects:
The claim will be limited to the lesser of the amount that is due to the claimant, or the amount that is unpaid on the prime contract as of the date the owner receives the claimant’s Notice of the Right to Assert a Lien or a copy of the recorded lien itself.
On Public Projects:
Yes. This is a full price lien state.
