1. Deadline to Give Preliminary Notice (Notice of Right to Claim a Lien)
PRIVATE:
If the Claimant is the General Contractor:
The notice must be received by the owner before the owner issues any payments.
All Other Claimants:
The notice must be mailed within 30 days of the date of first delivery of materials or performance of labor.
PUBLIC:
The notice must be received within 60 days of the date of first delivery of materials or performance of labor.
2. Deadline to File Claim
PRIVATE:
If the Claimant is a General Contractor:
Within 150 days of last date of delivery of materials or performance of labor OR substantial project completion. Whichever is earliest.
All Other Claimants:
Within 120 days of last date of delivery of materials or performance of labor OR substantial project completion. Whichever is earliest.
PUBLIC:
Within 1 year of project completion, however we recommend within 120 days of last date of delivery of materials or performance of labor.
3. Deadline to File Suit or Foreclose Claim
PRIVATE:
Within 180 days after filing lien statement.
PUBLIC:
For all contracts other than those with the Department of Administration and Information, suit must be brought within 1 year after date of first publication of notice of final payment of the contract. For contracts with the Department of Administration and Information, there is no 1-year limit for bringing suit, unless such a time is specified in the contract itself.
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 do not have lien rights.
On Public Projects:
On contracts with all agencies except the Department of Administration and Information, a supplier to a supplier to a sub will be covered.
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.
