1. Deadline to Give Preliminary Notice (Notice of the Right to Lien)
PRIVATE:
The notice must be post marked within 8 business days of the first delivery of materials or performance of labor.
PUBLIC:
A preliminary notice is not required.
2. Deadline to File Claim
PRIVATE:
Within 75 days of the date of last delivery of materials or performance of labor. Or withing 75 days of completion, whichever date is earlier.
PUBLIC:
Within 180 days of the date of last delivery of materials or performance of materials.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 120 days after filing.
PUBLIC:
Within two years after claimant last provided labor, materials, or equipment. NOTE: MUST wait 6 months from filing the proof of loss before foreclosing in order to recover attorney fees and costs from the surety.
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, but only if they are supplying materials to a contractor or other person having charge of the construction or preparation.
On Public Projects:
Suppliers to suppliers MAY have lien rights. Please contact Levy von Beck & Associates for more information.
B. Is this a Full Price Lien State:
On Private Projects:
Contractors’ and subcontractors’ claims are limited to the unpaid balance at the time the claimant’s lien is fined, after deducting claims of all other parties for work done and material furnished.
On Public Projects:
Yes. This is a full price lien state.
