1. Deadline to Give Preliminary Notice
PRIVATE:
The Notice must be filed with the State Construction Registry within 20 days of the date of first delivery or performance of labor.
PUBLIC:
The Notice must be filed with the State Construction Registry within 20 days of the date of first delivery or performance of labor or within 20 days of the Notice of Commencement filed with the State Construction Registry.
2. Deadline to File Claim
PRIVATE:
Within 180 days of completion of the entire project, unless a Notice of Commencement has been filed. In which case the claimant has 90 days from the date the Notice of Commencement was filed.
PUBLIC:
If there is no payment bond then a claim can be submitted against the public agency within 90 days of the date of last delivery or performance of labor. Bond claims are not required.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 180 days after the claimant files its Notice of Construction Lien or its Notice of Preconstruction Lien, the claimant must file a notice of pendency of the action in each applicable county, and must file to enforce his or her lien.
PUBLIC:
Claim Against the Bond and Against the Public Body:
More than 90 days but less than one year after claimant’s last delivery, and (for a bond claim,) AFTER delivery of the preliminary notice.
Claim for Retention Proceeds:
There is no specific provision.
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 apparently have lien rights as long as their materials can be traced to the project, and they comply with all notice requirements.
On Public Projects:
Suppliers to suppliers will have rights against the bond as long as the material has been furnished to or can otherwise be traced to the public project, and the claimant has complied with the notice requirements.
B. Is this a Full Price Lien State:
On Private Projects:
Yes. This is a full price lien state.
On Public Projects:
Yes. This is a full price lien state.
