1. Deadline to Give Preliminary Notice (Notice of Right to Lien)
PRIVATE:
The notice must be received within 31 days of first date of delivery of materials or performance of labor.
PUBLIC:
The notice must be received withing 30 days of first date of delivery or materials or performance of labor.
1A. Deadline to Interim Notice
PRIVATE:
NOTE: The interim notice is only required on Residential Projects.
The notice must be received at least fifteen days prior to filing the lien. The notice will extend the time for recording the notice of lien by 15 days.
PUBLIC:
No interim notice is required.
2. Deadline to File Claim
PRIVATE:
The notice must be recorded within 90 days after completion of project or 90 days after claimant last supplies labor, equipment or material, whichever is earlier. However, if the owner records and serves a notice of completion, the claimant must file its lien within 40 days after the notice of completion is recorded. Afterwards the notice must be received within 30 days after recording the lien.
PUBLIC:
The notice must be received within 90 days after the last date of delivery of materials or last performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
More than 30 days after the lien is recorded, but within six months after recording the lien, unless a written extension, signed and ACKNOWLEDGED by the lien claimant and a person in interest in the property, is recorded within that 6-month period
PUBLIC:
On all projects except highway construction:
More than 90 days after last labor or materials furnished by claimant, but within one year after claimant last furnishes labor or materials.
On highway construction:
Within six months of filing notice or acceptance of contract, whichever is earlier.
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 may have lien rights. Please contact Levy von Beck & Associates for more information.
On Public Projects:
Suppliers to suppliers may have a right to bring a claim against the bond, but probably not. Please contact Levy von Beck & Associates.
B. Is this a Full Price Lien State:
On Private Projects:
The lien is limited to the unpaid balance of the price agreed upon where there is a contract, or to the fair market value of the labor or materials where there is no contract.
On Public Projects:
Yes. This is a full price lien state.
