1. Deadline to Give Preliminary Notice (Notice of Non-Payment)
PRIVATE:
The notice must be sent within 90 days of the last day of each month in which there is an unpaid balance.
PUBLIC:
The notice is not required by statue, however the bond may modify it. Therefore we strongly recommend obtaining a copy of the bond.
2. Deadline to File Claim
PRIVATE:
Within 90 days of the date of last delivery or performance of labor.
PUBLIC:
Within 90 days of the completion of the project.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Prime Contractor:
Within 1 year after the work is finished or the materials are furnished, UNLESS the contractor is served with written demand by owner or the owner’s agent for enforcement of lien. In that case, the contractor must file within 60 days after receipt of demand.
All other claimants:
Within 90 days after giving final notice, UNLESS claimant is served with written demand by owner, agent or prime contractor, for enforcement of lien. In that case, must file within 60 days after receipt of demand.
PUBLIC:
Within 6 months of completion of public work or of furnishing labor or materials.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
Residential:
On 1-4 family residential owner-occupied buildings, suppliers to suppliers do not have lien rights.
Commercial:
Yes. This is a full price lien state.
On Public Projects:
Suppliers to suppliers do not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
No. The total of all liens cannot exceed the contract price and extras in the contract between the owner and the prime contractor.
On Public Projects:
Yes. This is a full price lien state.
