1. Deadline to Give Preliminary Notice (Notice to Owner)
PRIVATE:
Residential Repair or Remodel:
At any time. However, we recommend sending the Notice as soon as possible because the amount recoverable will be limited to the amount the owner owes the general contractor (or the general contractor owes the subcontractor) at the time the owner or general contractor receives the claimant’s final notice. In addition, the claim of a person supplying labor or materials to a subcontractor cannot exceed the amount for which the subcontractor could file its claim.
New Single Family Residential Construction:
Notice may be given any time, but only relates back ten days from the date it is mailed or personally delivered.
Commercial:
Any time, but only relates back sixty days before notice is either mailed to owner by certified or registered mail or personally delivered upon owner.
PUBLIC:
Notice must be delivered or mailed within 10 days after first delivery.
2. Deadline to File Claim
PRIVATE:
Within 90 days of the last date of delivery of materials or performance of labor.
PUBLIC:
Within 30 days of project completion.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 8 months after filing lien.
PUBLIC:
Bond:
Within 6 years after filing notice of claim.
Retainage:
Within 4 months after filing the notice of claim.
4. Common Questions About State Lien & Bond Claims
A. Do Suppliers to Suppliers Have Lien or Bond Claim Rights?
On Private Projects:
It appears that suppliers to suppliers do not have lien rights. Please contact Levy von Beck & Associates for more information.
On Public Projects:
Suppliers to suppliers do not have lien rights.
B. Is this a Full Price Lien State:
On Private Projects:
Residential Repair-Remodel:
Where the claimant does not contract directly with the owner-occupier or the owner-occupier’s agent, the claimant’s lien is limited to the amount not yet paid to the prime contractor at the time the preliminary notice is received, regardless of whether amounts not yet paid to the prime contractor are due.
On Public Projects:
Yes. This is a full price lien state.
