1. Deadline to Give Preliminary Notice (Mechanic’s Notice of Intention)
PRIVATE:
Residential:
The Notice must be “lodged for record” within 60 days after the last date that work, services, etc. were provided for which payment is claimed. Once it is lodged for record, it must be served (and apparently received) upon the other recipients within 10 days.
Non residential:
If claimant intends to file notice it must be filed before the final notice. Therefore it must be filed within 90 days of last delivery.
PUBLIC:
Bond:
Notice must be received before commencing any work. If given later, notice only covers materials delivered starting on the date the notice is given.
Contract Funds:
The notice must be received within 20 days after first performance of delivery. If it is given later, it will cover only the materials supplied on or after the date the notice is filed, and the recovery amount will be limited to the amount owing from the contractor to the sub (claimant’s customer) when the notice is given.
2. Deadline to File Claim
PRIVATE:
RESIDENTIAL PROJECTS: Not later than 10 days of receiving from arbitrator a copy of his or her determination supporting the lien, and within 120 days following the last date that work, services, material or equipment was provided for which payment is claimed.
Non-residential: Within 90 days of last performance.
PUBLIC:
Contract Funds:
Within 60 days of project acceptance
Bond:
Within 1 year of the date of last delivery or performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 1 year of claimant’s last furnishing of labor, material, services or equipment, or within 30 days of receiving written notice (by personal service or certified mail, RRR) from the owner, community association, contractor or subcontractor against whose account the lien is filed, requiring claimant to start an action.
PUBLIC:
Bond:
More than 90 days after giving final notice to surety and contractor, but less than 1 year after the claimant last performed work or delivered materials to the project.
Contract Funds:
Within 60 days after the whole work to be performed by the contractor is completed or accepted by resolution of the agency.
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 have lien rights, at least where the materials are delivered to the jobsite and incorporated into the project.
On Public Projects:
Suppliers to suppliers do not have rights against the payment bond or contract funds.
B. Is this a Full Price Lien State:
On Private Projects:
The lien amount for the general contractor or a first-tier subcontractor or supplier will be limited to the earned amount of the prime contract less any payments made prior to service of the lien. For a second tier sub or supplier, the lien is limited to the LESSER of the amount stated above, or the earned amount of the contract between the general and the sub, less any payments made prior to service of a copy of the claimant’s lien. In addition, the claimant’s claim cannot exceed the amount of claimant’s contract with its customer. Overall, if there is more than one claimant, the owner’s liability will be established at the time of the filing of the first effective lien and is limited to the contract funds the owner holds due and owing to the general contractor at the time of the filing.
On Public Projects:
If the claimant gives its preliminary notice late, it will only cover the materials supplied on or after the date the notice is filed, and the recovery amount will be limited to the amount owing to the claimant’s customer at the time when the notice is filed.
