Accurate Lien
| Mailing Address | PHONE: (480) 941-0844 | |
| 1853 South Horne, Suite 2 Mesa, AZ 85204 |
info@accuratelien.com | FAX: (866) 858-9369 |
|
Comments or questions are welcome. |
It's our business to protect your business
It's our business to protect your business
Accurate Lien
| Mailing Address | PHONE: (480) 941-0844 | |
| 1853 South Horne, Suite 2 Mesa, AZ 85204 |
info@accuratelien.com | FAX: (866) 858-9369 |
|
Comments or questions are welcome. |
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Lien must be filed within 100 days from completion of the contract or last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Lien must be filed within 100 days from completion of the contract or last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
6 months: Lien must be filed within 6 months from last providing labor or materials.
Time frame to foreclose lien
Remote Contractors (subcontractors and suppliers) enforced within 6 months from lien’s filing date. Prime Contractor (having a contract direct with project owner) enforced within 2 years from lien’s filing date.
Construction participants not covered by lien law
third tier subcontractors and material men
Cost and damages not allowed in lien claim
Attorney’s fees are not recoverable
Supplier – Preliminary notice requirements to file mechanic lien
90 days: Notice of Non-Payment must be provided to the owner within 90 days of last day of the month labor and materials provided. For example, if labor was provided on April 3, then notice is provided 90 days from April 30th. A repeat notice is required each following month for unpaid services or materials that are provided.
Subcontractor – Preliminary notice requirements to file mechanic lien
90 days: Notice of Non-Payment must be provided to the owner within 90 days of last day of the month labor and materials provided. For example, if labor was provided on April 3, then notice is provided 90 days from April 30th. A repeat notice is required each following month for unpaid services or materials that are provided.
Subcontractor – Mechanic Lien
90 days: Generally, a lien must be filed within 90 days of the completion of the work or improvement. If a Notice of Completion has been recorded then a ten-day (10-day) expiration for lien claimants applies to contracts for improvement to or on real property for one-family, two-family, three-family and four-family residential units. If a Notice of Completion has been recorded for all other contracts for improvement to or on real property, the expiration for lien claimants is thirty (30) days from the date of the filing of the Notice of Completion.
General Contractor – Preliminary notice requirements to file mechanic lien
Before work: Notice to Owner prior to commencing work.
General Contractor – Mechanic Lien
1 year: A lien must be filed within 1 year of last furnishing labor and/or materials. If a Notice of Completion has been recorded then a ten-day (10-day) expiration for lien claimants applies to contracts for improvement to or on real property for one-family, two-family, three-family and four-family residential units. If a Notice of Completion has been recorded for all other contracts for improvement to or on real property, the expiration for lien claimants is thirty (30) days from the date of the filing of the Notice of Completion.
Timeframe to foreclose lien:
Remote Contractor (Subcontractor or supplier) lien has to be enforced within 90 days of completion of the improvement.
Construction participants not covered by lien law:
A contractor with a direct contract with the owner lien must be enforced during one year from the improvement being completed or abandoned.
On owner-occupied residential property, only prime contractors working on or supplying materials are entitled to lien rights
Cost and damages not allowed in lien claim:
The lien amount should not include any interest, service charges, late fees, attorneys’ fees, or other amounts to which a lienor may be entitled by contract or law.
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
200 days: Lien must be filed within 200 days from last labor or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
200 days: Lien must be filed within 200 days from last labor or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
10 days: Notice of Possible Mechanic’s Lien required within 10 business days of commencing work. — please note if you are an architect or engineer working direct for the owner then you have different timeframe requirements
General Contractor – Mechanic Lien
200 days: Lien must be filed w/in 200 days after last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 40 days from filing date of lien.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
20 days: Arizona 20-day Preliminary Notice must be delivered to owner, prime contractor, construction lender, and the party with whom you have contracted within 20 days of providing labor, services or materials. Tardy notice is only effective for work done in the preceding 20 days; however; tardy notice should always be filed for full contract amount including change orders regardless of payments received.
Supplier – Mechanic Lien
60 days: Arizona Mechanics Liens must be filed within 60 days of Notice of Completion being recorded, or within 120 days after completion.
Subcontractor – Preliminary notice requirements to file mechanic lien
20 days: Arizona 20-day Preliminary Notice must be delivered to owner, prime contractor, construction lender, and the party with whom you have contracted within 20 days of providing labor, services or materials. Tardy notice is only effective for work done in the preceding 20 days; however; tardy notice should always be filed for full contract amount including change orders regardless of payments received.
Subcontractor – Mechanic Lien
60 days: Arizona Mechanics Liens must be filed within 60 days of Notice of Completion being recorded, or within 120 days after completion.
General Contractor – Preliminary notice requirements to file mechanic lien
20 days: Arizona 20-day Preliminary Notice must be delivered to owner, prime contractor, construction lender, and the party with whom you have contracted within 20 days of providing labor, services or materials. Tardy notice is only effective for work done in the preceding 20 days; however; tardy notice should always be filed for full contract amount including change orders regardless of payments received.
General Contractor – Mechanic Lien
60 days: Arizona Mechanics Liens must be filed within 60 days of Notice of Completion being recorded, or within 120 days after completion.
Timeframe to foreclose lien
Action to enforce lien must be filed within 6 months from recording lien.
Construction participants not covered by lien law
Suppliers to suppliers, unlicensed contractors, and persons who furnish professional service who do not hold valid certificates of registration.
Cost and damages not allowed in lien claim
Anticipated profits for unperformed work are not lienable by any lien claimant. Those who have no contract with the owner are entitled to a lien only for the “reasonable value” of the labor and material furnished, not necessarily for the contract price.
Supplier – Preliminary notice requirements to file mechanic lien
30 days: Preliminary Notice to owner and prime contractor of right to file lien required within 30 days of first providing labor or materials.
Supplier – Mechanic Lien
Notice of Intent to lien required 20 days prior to filing lien. 120 days: Lien must be filed within 120 days from last delivering labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
30 days: Preliminary Notice to owner and prime contractor of right to file lien required within 30 days of first providing labor or materials.
Subcontractor – Mechanic Lien
Notice of Intent to lien required 20 days prior to filing lien. 120 days: Lien must be filed within 120 days from last delivering labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
Preliminary Notice to owner of right to file lien required prior to receiving any payment from owner (including advances).
General Contractor – Mechanic Lien
Notice of Intent to lien required 20 days prior to filing lien. 150 days: Lien must be filed within 150 days from last delivering labor or materials.
Timeframe to foreclose lien
Enforced within 180 days from lien’s filing.
Construction participants not covered by lien law
A materialman who supplies a materialman does not have mechanic’s lien rights.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
60 days: Preliminary notice required within 60 days of first providing labor or materials to owner.
Supplier – Mechanic Lien
Notice of intent to lien required to be recorded within 30 days before lien filing. 6 months: Lien must be filed within 6 months from last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
60 days: Preliminary notice required within 60 days of first providing labor or materials to owner.
Subcontractor – Mechanic Lien
Notice of intent to lien required to be recorded within 30 days before lien filing. 6 months: Lien must be filed within 6 months from last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
Residential projects (4 family living units or smaller) Written notice of lien rights is required in written contract or if an oral contract then Notice of lien rights served on owner within 10 days from oral agreement.
General Contractor – Mechanic Lien
Notice of intent to lien required to be recorded within 30 days before lien filing. 6 months: Lien must be filed within 6 months from last providing labor or materials.
Timeframe to foreclose lien
Enforced within 2 years from lien’s filing date.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Items that are typically not allowed in a lien claim are interest, attorneys’ fees, lost profits, and indirect or consequential damages.
Supplier – Preliminary notice requirements to file mechanic lien
Residential 10 days: preliminary notice required within 10 days from first furnishing. Commercial 60 days: Notice of Right to Claim Lien within 60 days from first delivering labor or materials. *****Please note there are exceptions to prelien requirements dependent upon your tier and what you are furnishing on project.
Supplier – Mechanic Lien
90 days: Washington Mechanics Lien must be filed within 90 days from last delivering labor or materials or the last day on which employee benefit contributions were due.
Subcontractor – Preliminary notice requirements to file mechanic lien
Residential 10 days: preliminary notice required within 10 days from first furnishing. Commercial 60 days: Notice of Right to Claim Lien within 60 days from first delivering labor or materials. *****Please note there are exceptions to prelien requirements dependent upon your tier and what you are furnishing on project.
Subcontractor – Mechanic Lien
90 days: Washington Mechanics Lien must be filed within 90 days from last delivering labor or materials or the last day on which employee benefit contributions were due.
General Contractor – Preliminary notice requirements to file mechanic lien
Residential: The Notice to Customer must be provided to the owner prior to commencing work on projects when that work involves the repairing, altering or building of four (4) or fewer residential units on residential property and the bid price is one thousand dollars ($1,000) or more. Commercial: The Notice must also be provided to the owner at the time of contracting when the work to be done is on a commercial building and the bid price is one thousand dollars ($1,000) or more, but less than sixty thousand dollars ($60,000). Must maintain a disclosure statement from the owner for a minimum of 3 years. *****Please note there are exceptions to prelien requirements dependent upon your tier and what you are furnishing on project.
General Contractor – Mechanic Lien
90 days: Washington Mechanics Lien must be filed within 90 days from last delivering labor or materials or the last day on which employee benefit contributions were due.
Timeframe to foreclose lien
Mechanic lien is to be enforced within 8 months from the date the lien was recorded.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
30 days: On residential projects have to do a 30 day preliminary notice and notify the mechanic lien agent designated on the building permit
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from last day of the month which labor or materials furnished or within 90 days from from the last date the project is completed or teminated, whichever occurs first.
Subcontractor – Preliminary notice requirements to file mechanic lien
30 days: On residential projects have to do a 30 day preliminary notice and notify the mechanic lien agent designated on the building permit
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last day of the month which labor or materials furnished or within 90 days from from the last date the project is completed or teminated, whichever occurs first.
General Contractor – Preliminary notice requirements to file mechanic lien
30 days: On residential projects have to do a 30 day preliminary notice and notify the mechanic lien agent designated on the building permit
General Contractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last day of the month which labor or materials furnished or within 90 days from from the last date the project is completed or teminated, whichever occurs first.
Timeframe to foreclose lien
Enforcement is required 6 months from date lien recorded or two months from the completion or termination of the project, whichever is later.
Construction participants not covered by lien law
It is possible that third and lower tier subcontractors are not covered.
Cost and damages not allowed in lien claim
Items that are typically not allowed in a lien claim are attorney fees, lost profits, equipment not attached (i.e., not fixtures) to a building, indirect or consequential damages. A claimant may not recover for labor or materials furnished more than 150 days prior to the last date on which it provided labor or materials, except for withheld retainage
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
180 days: Lien must be filed within 180 days from when payment became due for last materials or labor provided.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
180 days: Lien must be filed within 180 days from when payment became due for last materials or labor provided.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
180 days: Lien must be filed within 180 days from when payment became due for last materials or labor provided.
Timeframe to foreclose lien
Enforced within 180 days from the filing date.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Under Vermont law, the lien extends only to the amount, if any, of the contract price, which remains unpaid by the owner at the time it receives the written Notice of Mechanic’s Lien. Attorney fees are not included in the amount of the lien
Supplier – Preliminary notice requirements to file mechanic lien
20 days: Preliminary notice must be filed within 20 days from commencement of work or delivery of materials. If late, only effective from 5 days after date of filing. Every individual performing preconstruction services, such as design and architectural services, must file a Notice of Retention within 20 days of that individual’s commencement of preconstruction services.
Supplier – Mechanic Lien
90 days: 90 days from notice of completion, or if a notice of completion is not filed, 180 days from completion of work. Never later than 180 days from final completion of original contract. Preconstruction lien 90 days from completion of services.
Subcontractor – Preliminary notice requirements to file mechanic lien
20 days: Preliminary notice must be filed within 20 days from commencement of work or delivery of materials. If late, only effective from 5 days after date of filing. Every individual performing preconstruction services, such as design and architectural services, must file a Notice of Retention within 20 days of that individual’s commencement of preconstruction services.
Subcontractor – Mechanic Lien
90 days: 90 days from notice of completion, or if a notice of completion is not filed, 180 days from completion of work. Never later than 180 days from final completion of original contract. Preconstruction lien 90 days from completion of services.
General Contractor – Preliminary notice requirements to file mechanic lien
20 days: Preliminary notice must be filed within 20 days from commencement of work or delivery of materials. If late, only effective from 5 days after date of filing. Every individual performing preconstruction services, such as design and architectural services, must file a Notice of Retention within 20 days of that individual’s commencement of preconstruction services.
General Contractor – Mechanic Lien
90 days: 90 days from notice of completion, or if a notice of completion is not filed, 180 days from completion of work. Never later than 180 days from final completion of original contract. Preconstruction lien 90 days from completion of services.
Timeframe to foreclose lien
Enforced within 180 days of lien filing date.
Construction participants not covered by lien law
Any party who provided services relating to the property, but which did not actually contribute to improvements to the real property, with the exception of preconstruction services, is barred
Cost and damages not allowed in lien claim
Utah mechanic’s lien claims are limited to the reasonable value of the labor or materials furnished for improvements to the property, which excludes many of the types of costs/damages allowed in other states such as indirect costs, consequential damages, etc.
Supplier – Preliminary notice requirements to file mechanic lien
15th day of 2nd month: For residential projects, notice is required to be sent to the owner and prime contractor by the 15th day of the 2nd month following the month that work was performed and unpaid. (Notice must be sent for each month work was performed and unpaid.) For non-residential projects, the deadline is both the 15th day of the 2nd month, and the 15th day of the 3rd month, following each month in which work was performed and unpaid. (The 2nd month notice has to be sent only to the prime contractor.)
Supplier – Mechanic Lien
15th day of 4th month: Must be filed by 15th day of the 4th calendar month after the day on which the debt accrued (3rd month if the project is residential). For example, if non-residential work is performed and unpaid in January, the lien must be filed by May 15.
Subcontractor – Preliminary notice requirements to file mechanic lien
“15th day of the 2nd month: For residential projects, notice is required to be sent to the owner and prime contractor by the 15th day of the 2nd month following the month that work was performed and unpaid. (Notice must be sent for each month work was performed and unpaid.)
For subcontractors on non-residential projects, the deadline is the 15th day of the 3rd month following each month work was performed and unpaid. ”
Subcontractor – Mechanic Lien
15th day of 4th month: Must be filed by 15th day of the 4th calendar month after the day on which the debt accrued (3rd month if the project is residential). For example, if non-residential work is performed and unpaid in January, the lien must be filed by May 15.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
15th day of 4th month: Must be filed by 15th day of the 4th calendar month after the day on which the debt accrued (3rd month if the project is residential). For example, if non-residential work is performed and unpaid in January, the lien must be filed by May 15.
Timeframe to foreclose lien
The deadline to enforce the lien is 2 years after last available day to file the lien or 1 year from the completion of the work (whichever is later). For residential projects, the deadline is 1 year from the last available day to file the lien or 1 year from the completion of the work (whichever is later).
Construction participants not covered by lien law
Cost and damages not allowed in lien claim
Supplier – Preliminary notice requirements to file mechanic lien
60 days: If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.
Supplier – Mechanic Lien
120 days: Lien must be filed within 120 days from last labor or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
60 days: If general contractor filed and posted Notice of Commencement, sub-subcontractors and suppliers to subcontractors must give Preliminary Notice (to owner and general contractor) within 60 days of last furnishing labor or materials.
Subcontractor – Mechanic Lien
120 days: Lien must be filed within 120 days from last labor or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
30 days: Optional notice of project commencement due within 30 days of commencement. If a notice of commencement is recorded then a Location Notice must be posted at jobsite.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days after last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 6 years after last labor or materials furnished, unless owner gives request to have lawsuit initiated sooner – then required within 30 days of receipt of request.
Construction participants not covered by lien law
Construction project participants who complete work that is unauthorized by the owner, agent of the owner, contractor, or subcontractor are not protected by the lien laws.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
If the prime contractor records notice of commencement then suppliers and subcontractors must serve prime contractor with notice of furnishing – notice of furnishing not set in statute; however, the total aggregate amount of liens on the improvement cannot exceed the amount due by the owner to the general contractor.
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from last labor or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
If the prime contractor records notice of commencement then suppliers and subcontractors must serve prime contractor with notice of furnishing – notice of furnishing not set in statute; however, the total aggregate amount of liens on the improvement cannot exceed the amount due by the owner to the general contractor.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last labor or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
Optional: Notice of project commencement due withing 15 days of commencement. This provides additional protections to the general contractor against potential lien claimants.
General Contractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 6 months from last providing labor or materials
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
45 days: If a Notice of Commencement was filed in the State Construction Registry, a Notice of Furnishing must be filed through the registry within 45 days of first furnishing labor and materials.
Supplier – Mechanic Lien
On all projects, a Notice of intent to lien required 30 days before filing a lien. 6 months: Lien must be filed within 6 months from last labor or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
45 days: If a Notice of Commencement was filed in the State Construction Registry, a Notice of Furnishing must be filed through the registry within 45 days of first furnishing labor and materials.
Subcontractor – Mechanic Lien
On all projects, a Notice of intent to lien required 30 days before filing a lien. 6 months: Lien must be filed within 6 months from last labor or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
On all projects, a Notice of intent to lien required 30 days before filing a lien. 6 months: Lien must be filed within 6 months from last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 2 years from recording date of lien.
Construction participants not covered by lien law
No lien is available to a subcontractor on a single-building residential project of 1 or 2 units if the owner or tenant has paid the entire contract price to the contractor Fourth tier contractors and suppliers are not protected. Architects and engineers who contracted with the owner are entitled to a lien if they superintend or supervise the work on the improvement, but not if they only prepare drawings, specifications and contract documents
Cost and damages not allowed in lien claim
Claims under $500 are not lienable Lost profit on work not performed or materials not supplied is not lienable work or supplies unconnected to the construction, erection, alteration or repair of a building
Supplier – Preliminary notice requirements to file mechanic lien
8 business days: Notice of right to lien within 8 business days of providing labor/materials. *****Please note there are exceptions to prelien requirements dependent upon your tier and what you are furnishing on project.
Supplier – Mechanic Lien
75 days: Lien must be filed within 75 days from last labor or materials furnished, or completion of project (whatever earlier).
Subcontractor – Preliminary notice requirements to file mechanic lien
8 business days: Notice of right to lien within 8 business days of providing labor/materials. *****Please note there are exceptions to prelien requirements dependent upon your tier and what you are furnishing on project.
Subcontractor – Mechanic Lien
75 days: Lien must be filed within 75 days from last labor or materials furnished, or completion of project (whatever earlier). Enforced 120 days after filing.
General Contractor – Preliminary notice requirements to file mechanic lien
8 business days: Notice of right to lien within 8 business days of providing labor/materials. All original contractors are required to deliver an Information Notice to Owner about Construction Liens for contracts for residential construction or improvements when the contract value is in excess of $2,000 *****Please note there are exceptions to prelien requirements dependent upon your tier and what you are furnishing on project.
General Contractor – Mechanic Lien
75 days: Lien must be filed within 75 days from last labor or materials furnished, or completion of project (whatever earlier).
Timeframe to foreclose lien
Enforced within 120 days from recording of lien.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
lost profits or other consequential damages that the claimant may have suffered as a result of a breach of contract.
Supplier – Preliminary notice requirements to file mechanic lien
75 days: Preliminary notice required on all commercial within 75 days of delivering labor and/or materials. A preliminary notice is only required on the following if owner-occupied or aggregate claim $10,000 or more.
Supplier – Mechanic Lien
90 days: All lien claimants without a direct contract with the owner must file a lien statement within 90 days from the date labor or materials were last furnished to the property.
Subcontractor – Preliminary notice requirements to file mechanic lien
75 days: Preliminary notice required on all commercial within 75 days of delivering labor and/or materials. A preliminary notice is only required on the following if owner-occupied or aggregate claim $10,000 or more.
Subcontractor – Mechanic Lien
90 days: All lien claimants without a direct contract with the owner must file a lien statement within 90 days from the date labor or materials were last furnished to the property.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
4 months: Lien must be filed within 4 months from last labor or materials furnished.
Timeframe to foreclose lien
Enforced within 1 year from recording of lien.
Construction participants not covered by lien law
Persons providing services on an open or “running account” with the owner or contractor, and persons supplying materials or equipment without knowledge of the contract with the owner do not fall within the protection of the lien statutes.
Cost and damages not allowed in lien claim
Indirect or consequential damages are not included.
Supplier – Preliminary notice requirements to file mechanic lien
21 days: Notice of furnishing due within 21 days of first furnishing labor or materials – Notice of furnishing is not required on homeowner type of residential project
Supplier – Mechanic Lien
Lien is due 60 days from last furnishing labor or materials on residential Lien due 75 days from last furnishing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
21 days: Notice of furnishing due within 21 days of first furnishing labor or materials – Notice of furnishing is not required on homeowner type of residential project
Subcontractor – Mechanic Lien
Lien is due 60 days from last furnishing labor or materials on residential Lien due 75 days from last furnishing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Lien is due 60 days from last furnishing labor or materials on residential Lien due 75 days from last furnishing labor or materials.
Timeframe to foreclose lien
Action to enforce due within 6 years from recording of lien.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
10 days: Notice of Intent to Lien required to be filed 10 days before filing lien 90 days: Lien must be filed within 90 days from last delivery of labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
10 days: Notice of Intent to Lien required to be filed 10 days before filing lien 90 days: Lien must be filed within 90 days from last delivery of labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
10 days: Notice of Intent to Lien required to be filed 10 days before filing lien 90 days: Lien must be filed within 90 days from last delivery of labor or materials.
Timeframe to foreclose lien
Notice of Intent to Enforce must be sent 20 days before filing enforcement action. Enforcement action within 3 years from recording date of notice. If written demand is issued then lien hold has thrity days to commence lien foreclosure action
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
attorney fees or delay damages are not allowed in a lien claim
Supplier – Preliminary notice requirements to file mechanic lien
15 days: Notice to Lien Agent required within 15 days from first furnishing labor and/or materials (not required if hired direct by property owner). If the prime contractor records and post notice of contract then suppliers and subcontractors must serve prime contractor with notice of subcontract – notice of subcontract not set in statute; however, contractor is only required to notify lower tier of an payments after receiving the notice of subcontract.
Supplier – Mechanic Lien
120 days: Lien filed and served within 120 days from last furnishing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
15 days: Notice to Lien Agent required within 15 days from first furnishing labor and/or materials (not required if hired direct by property owner). If the prime contractor records and post notice of contract then suppliers and subcontractors must serve prime contractor with notice of subcontract – notice of subcontract not set in statute; however, contractor is only required to notify lower tier of an payments after receiving the notice of subcontract.
Subcontractor – Mechanic Lien
120 days: Lien filed and served within 120 days from last furnishing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
Optional: may file a notice of contract – within 30 days after the building permit is issued for the project record notice of contract with clerk of court and post copy of such notice in a visible location on site adjacent to posted building permit
General Contractor – Mechanic Lien
120 days: Lien filed and served within 120 days from last furnishing labor or materials.
Timeframe to foreclose lien
Enforced within 180 days after last furnishing labor or materials.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Items that are typically not allowed in a lien claim are lost profits, equipment not eventually attached (fixtures) to building, and indirect or consequential damages
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
8 months: Generally, lien required within 8 months of last furnishing services. On single-family residential projects, within 4 months.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
8 months: Generally, lien required within 8 months of last furnishing services. On single-family residential projects, within 4 months.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
8 months: Generally, lien required within 8 months of last furnishing services. On single-family residential projects, within 4 months.
Timeframe to foreclose lien
Enforcement due 1 year from date of lien filing date.
Construction participants not covered by lien law
supplier to a supplier, unlicensed contractor
Cost and damages not allowed in lien claim
A lienor may not include lost profits or delay damages in its lien claim.
Supplier – Preliminary notice requirements to file mechanic lien
A Preliminary notice is required to be mailed within 60 days from first furnishing — if the claimant does not contract directly with the property owner or the general contractor; if the claim is for more than $5000; if the project is NOT on a residential property with less than 4 dwellings.
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from project completion.
Subcontractor – Preliminary notice requirements to file mechanic lien
A Preliminary notice is required to be mailed within 60 days from first furnishing — if the claimant does not contract directly with the property owner or the general contractor; if the claim is for more than $5000; if the project is NOT on a residential property with less than 4 dwellings.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from project completion.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days from project completion.
Timeframe to foreclose lien
Action to enforce due within 2 years from lien’s filing date.
Construction participants not covered by lien law
supplier to a supplier, unlicensed contractor
Cost and damages not allowed in lien claim
Materials which are neither included in the construction or used up in completing the construction are not covered. Furnishings that do not become a permanent part of the building are not covered. Supplier – Preliminary notice requirements to file mechanic lien
A Preliminary notice is required to be mailed within 60 days from first furnishing — if the claimant does not contract directly with the property owner or the general contractor; if the claim is for more than $5000; if the project is NOT on a residential property with less than 4 dwellings.
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from project completion.
Subcontractor – Preliminary notice requirements to file mechanic lien
A Preliminary notice is required to be mailed within 60 days from first furnishing — if the claimant does not contract directly with the property owner or the general contractor; if the claim is for more than $5000; if the project is NOT on a residential property with less than 4 dwellings.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from project completion.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days from project completion.
Timeframe to foreclose lien
Action to enforce due within 2 years from lien’s filing date.
Construction participants not covered by lien law
supplier to a supplier, unlicensed contractor
Cost and damages not allowed in lien claim
Materials which are neither included in the construction or used up in completing the construction are not covered. Furnishings that do not become a permanent part of the building are not covered.
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
60 days: Notice of Unpaid Balance due within 60 days of last furnishing on Residential projects Non-residential 90 days: Lien must be filed within 90 days of last providing labor or materials. Residential Construction 120 day: Lien must be filed within 120 days of last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Non-residential 90 days: Lien must be filed within 90 days of last providing labor or materials. Residential Construction 120 day: Lien must be filed within 120 days of last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Residential projects 90 days: Notice of Unpaid Balance due within 60 days of last furnishing Non-residential 90 days: Lien must be filed within 90 days of last providing labor or materials. On residential projects, due within 120 days but arbitration demand and award required before, which takes at least 30 days.
Timeframe to foreclose lien
Action to enforce due within 1 year from last providing labor or materials.
Construction participants not covered by lien law
Claimants below the third tier in the relationship chain do not have construction lien rights. Suppliers to suppliers are not protected by the lien law
Cost and damages not allowed in lien claim
materials that have been furnished or delivered subject to a security agreement which has been entered into pursuant to Article 9 of the Uniform Commercial Code; evaluative work, such as a feasibility study, which is not followed by related construction work; personal property that does not become part of the real estate; material, where the material in question is fuel; and where the work performed involves mining of minerals, removal of timber, gravel, soil or sod, unless the work is integral to or necessitated by the improvement to real property.
Supplier – Preliminary notice requirements to file mechanic lien
Best Practice: Notice of lien rights served on owner prior to providing labor or materials and must send updated statement of account every 30 days.
Supplier – Mechanic Lien
120 days: Lien must be filed within 120 days of last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
Best Practice: Notice of lien rights served on owner prior to providing labor or materials and must send updated statement of account every 30 days.
Subcontractor – Mechanic Lien
120 days: Lien must be filed within 120 days of last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days of last providing labor or materials.
Timeframe to foreclose lien
One hundred twenty consecutive calendar days after the last furnishing of labor and/or materials.
Construction participants not covered by lien law
It is unsettled whether third tier subcontractors are protected. A material supplier to a material supplier, however, is not afforded protection.
Cost and damages not allowed in lien claim
interest, attorney fees, lost profits, equipment not attached as a fixture to building, and indirect or consequential damages.
Supplier – Preliminary notice requirements to file mechanic lien
31 days: Notice to owner and prime within 31 days of first furnishing labor or materials.
Supplier – Mechanic Lien
Notice of Intent 15 days prior to lien on residential projects (not required for laborers). 90 days:Lien must be filed within 90 days of last providing labor or materials, or completion of work (whichever is later). 40 days: if a valid notice of completion is recorded
Subcontractor – Preliminary notice requirements to file mechanic lien
31 days: Notice to owner and prime within 31 days of first furnishing labor or materials.
Subcontractor – Mechanic Lien
Notice of Intent 15 days prior to lien on residential projects (not required for laborers). 90 days:Lien must be filed within 90 days of last providing labor or materials, or completion of work (whichever is later). 40 days: if a valid notice of completion is recorded
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required unless you are contracted direct by the tenant.
General Contractor – Mechanic Lien
Notice of Intent 15 days prior to lien on residential projects (not required for laborers). 90 days:Lien must be filed within 90 days of last providing labor or materials, or completion of work (whichever is later). 40 days: if a valid notice of completion is recorded
Timeframe to foreclose lien
Action to enforce due within 6 months from lien’s filing date.
Construction participants not covered by lien law
If a contractor or professional is required by Nevada law to be licensed to perform his work, he may maintain a valid lien only if he is so licensed.
Cost and damages not allowed in lien claim
Nevada law specifically prohibits the recovery of consequential damages in a lien claim. Further, fixtures, which are not affixed, used, consumed, or incorporated in the improvement of the property, are not recoverable in a lien claim
Supplier – Preliminary notice requirements to file mechanic lien
Residential projects have a notice of lien liability that must be sent by claimant to the protected party contracting owner anytime after the contract has been signed.
Supplier – Mechanic Lien
120 days: Lien must be filed within 120 days of last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
Residential projects have a notice of lien liability that must be sent by claimant to the protected party contracting owner anytime after the contract has been signed.
Subcontractor – Mechanic Lien
120 days: Lien must be filed within 120 days of last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
Residential projects have a notice of lien liability that must be sent by claimant to the protected party contracting owner anytime after the contract has been signed.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days of last providing labor or materials.
Timeframe to foreclose lien
Action to enforce due within 2 years from lien’s filing date.
Construction participants not covered by lien law
suppliers to suppliers and suppliers to materialmen
Cost and damages not allowed in lien claim
Attorneys fees, breach of contract damages unless there has been substantial performance, and any finance charges or fees that do not reflect work actually incorporated into the real estate improvement are not allowed as part of a lien claim.
Supplier – Preliminary notice requirements to file mechanic lien
20 days residential (four plex or smaller): Notice of Lien Rights served on owner within 20 days of first delivering materials or labor and filed with recorder within 5 days of delivery to owner.
Supplier – Mechanic Lien
90 days: Lien must be recorded within 90 days of last providing labor or materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
20 days residential (four plex or smaller): Notice of Lien Rights served on owner within 20 days of first delivering materials or labor and filed with recorder within 5 days of delivery to owner.
Subcontractor – Mechanic Lien
90 days: Lien must be recorded within 90 days of last providing labor or materials.
General Contractor – Preliminary notice requirements to file mechanic lien
20 days residential (four plex or smaller): Notice of Lien Rights served on owner within 20 days of first delivering materials or labor and filed with recorder within 5 days of delivery to owner.
General Contractor – Mechanic Lien
90 days: Lien must be recorded within 90 days of last providing labor or materials.
Timeframe to foreclose lien
Action to enforce due within 2 years from lien’s filing date.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
owner-occupied residential unit who wish to preserve their lien rights must require the general contractor obtain the written consent of the owner to a possible lien, prior to the start of work. Equipment rental within 15 days of furnishing.
Supplier – Mechanic Lien
10 days: Notice of Intent to Lien 10 days prior to filing lien. Record lien within 6 months from last work. Equipment lessors must record lien within 60 days of removing equipment.
Subcontractor – Preliminary notice requirements to file mechanic lien
owner-occupied residential unit who wish to preserve their lien rights must require the general contractor obtain the written consent of the owner to a possible lien, prior to the start of work. Equipment rental within 15 days of furnishing.
Subcontractor – Mechanic Lien
10 days: Notice of Intent to Lien 10 days prior to filing lien. Record lien within 6 months from last work. Equipment lessors must record lien within 60 days of removing equipment.
General Contractor – Preliminary notice requirements to file mechanic lien
Notice to owner prior to first payment, followed by a repeat of the notice on each invoice for payment.
General Contractor – Mechanic Lien
Record lien within 6 months of last work
Timeframe to foreclose lien
Enforced within 6 months from recording of lien.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
attorney fees, equipment not attached (not fixtures) to building.
Supplier – Preliminary notice requirements to file mechanic lien
30 days: If no contract with either the property owner or the general contractor, must provide a preliminary notice to the general contractor (if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project.
Supplier – Mechanic Lien
On single-family residential projects only, all parties who did not contract directly with the property owner must provide the owner with a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a claim of lien. 90 days: Claim of Lien must be filed within 90 days after the date on which the lien claimant last furnished labor and/or materials to the project.
Subcontractor – Preliminary notice requirements to file mechanic lien
30 days: If no contract with either the property owner or the general contractor, must provide a preliminary notice to the general contractor (if there is no general contractor, to the owner) within 30 days of first furnishing labor and or materials to the project.
Subcontractor – Mechanic Lien
On single-family residential projects only, all parties who did not contract directly with the property owner must provide the owner with a “pre-lien written notice” (notice of intent to lien) at least 10 days prior to filing a claim of lien. 90 days: Claim of Lien must be filed within 90 days after the date on which the lien claimant last furnished labor and/or materials to the project.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required. May need to provide a list of subs, if requested by owner.
General Contractor – Mechanic Lien
90 days: Claim of Lien must be filed within 90 days after the date on which the lien claimant last furnished labor and/or materials to the project.
Timeframe to foreclose lien
Action to enforce due within 180 days from date on which the lien was filed.
Construction participants not covered by lien law
Subcontractors and Suppliers below the 2nd tier.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
45 days: Preliminary Notice within 45 days of first providing labor or materials.
Supplier – Mechanic Lien
120 days: Lien must be filed within 120 days from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
45 days: Preliminary Notice within 45 days of first providing labor or materials.
Subcontractor – Mechanic Lien
120 days: Lien must be filed within 120 days from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
10 days: Notice must be in contract, or served on owner within 10 days after work is agreed upon.
General Contractor – Mechanic Lien
120 days: Lien must be filed within 120 days from last providing materials or labor.
Timeframe to foreclose lien
Action to enforce lien must be commenced within 1 year from last supplying labor or material.
Construction participants not covered by lien law
a supplier to a supplier and/or a supplier of a contractor’s inventory are not protected.
Cost and damages not allowed in lien claim
extra materials not authorized by the owner, removable trade fixtures, and services relating to obtaining project financing, zoning variances and coordinating project leasing arrangements generally do not constitute lienable improvements
Supplier – Preliminary notice requirements to file mechanic lien
20 days: Notice of furnishing to owner and prime within 20 days from first providing labor or materials. Laborer has 30 days after wages were due, and not paid, to serve notice.
Supplier – Mechanic Lien
90 days: Lien must be filed within 90 days from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
20 days: Notice of furnishing to owner and prime within 20 days from first providing labor or materials. Laborer has 30 days after wages were due, and not paid, to serve notice.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required. Upon request must provide list of subs and suppliers.
General Contractor – Mechanic Lien
90 days: Lien must be filed within 90 days from last providing materials or labor.
Timeframe to foreclose lien
Action to enforce must be commenced within 1 year from filing of lien.
Construction participants not covered by lien law
Unlicensed residential homebuilders are prohibited under Michigan law from bringing or maintaining an action in court to enforce a contract. This prohibition includes actions to foreclose construction liens.
Cost and damages not allowed in lien claim
Attorney fees, which may be awarded to a prevailing party, are not generally included in the original lien amount.
Supplier – Preliminary notice requirements to file mechanic lien
30 days: Sub-Subs or Suppliers to subs must provide notice of identification to prime contractor within 30 days of commencing work.
Supplier – Mechanic Lien
Notice of Subcontract must be recorded within the earliest of: (a) 60 days after filing notice of substantial completion (if one was filed) executed by the owner and general contractor; (b) 90 days after filing notice of termination (if the owner filed such a notice) executed by the project owner; or (c) 90 days after last furnishing labor or materials to project. Lien must be filed within earliest date of (a) 90 days after filing notice of substantial completion; (b) 120 days after filing notice of termination; (c) 120 days after last furnishing labor or materials to project.
Subcontractor – Preliminary notice requirements to file mechanic lien
30 days: Sub-Subs or Suppliers to subs must provide notice of identification to prime contractor within 30 days of commencing work.
Subcontractor – Mechanic Lien
Notice of Subcontract must be recorded within the earliest of: (a) 60 days after filing notice of substantial completion (if one was filed) executed by the owner and general contractor; (b) 90 days after filing notice of termination (if the owner filed such a notice) executed by the project owner; or (c) 90 days after last furnishing labor or materials to project. Lien must be filed within earliest date of (a) 90 days after filing notice of substantial completion; (b) 120 days after filing notice of termination; (c) 120 days after last furnishing labor or materials to project.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
A prime contractor must record a Notice of Written Contract, which creates a lien, within the earliest of: (a) 60 days after filing notice of substantial completion (if one was filed) executed by the owner and general contractor; (b) 90 days after filing notice of termination (if the owner filed such a notice) executed by the project owner; or (c) 90 days after last furnishing labor or materials to project. Lien must be filed within earliest date of (a) 90 days after filing notice of substantial completion; (b) 120 days after filing notice of termination; (c) 120 days after last furnishing labor or materials to project.
Timeframe to foreclose lien
Action to enforce due within 90 days from recording lien.
Construction participants not covered by lien law
Unlicensed design professionals or design professionals who are not registered in Massachusetts
Cost and damages not allowed in lien claim
Contractual interest and reasonable attorneys’ fees incurred in enforcing the lien are not included within the lien amount
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Mechanic lien must be prepared by an attorney. 120 days: Intent to lien has to be recorded within 120 days from last day of furnishing. 180 days: Lien must be filed within 180 days from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 120 days: Intent to lien has to be recorded within 120 days from last day of furnishing. 180 days: Lien must be filed within 180 days from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 180 days: Lien must be filed within 180 days from last providing materials or labor.
Timeframe to foreclose lien
Action to enforce must be commenced within 1 year from recording of lien.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
Required for residential or if owner resides on commercial property. On commercial, Optional for subcontractors.
Supplier – Mechanic Lien
90 days: Must be recorded within 90 days from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
Required for residential or if owner resides on commercial property. On commercial, Optional for subcontractors.
Subcontractor – Mechanic Lien
90 days: Must be recorded within 90 days from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
90 days: Must be filed 90 days within last providing materials or labor.
Timeframe to foreclose lien
Action to enforce within 120 days of last providing materials or labor.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
does not allow attorneys’ fees, indirect or consequential damages.
Supplier – Preliminary notice requirements to file mechanic lien
If hired by a subcontractor, the notice must be sent within 75 days of the last day of the month of furnishing labor and/or materials. Equipment Lessors must deliver a notice to the owner and prime within 10 days of furnishing equipment. A professional sub-consultant, architect, engineer or surveyor must give notice to owner within 30 days of first furnishing.
Supplier – Mechanic Lien
Notice of non-payment must be delivered to the owner at least ten days prior to filing a lien. Subcontractor or suppliers claim of lien must be filed within thirty days from the filing of a notice of termination; however, if a notice of contact was not timely filed the lien period is extended to 60 day from substantial completion of the entire work or abandonment by the owner.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Subcontractor or suppliers claim of lien must be filed within thirty days from the filing of a notice of termination; however, if a notice of contact was not timely filed the lien period is extended to 60 day from substantial completion of the entire work or abandonment by the owner.
General Contractor – Preliminary notice requirements to file mechanic lien
Notice of Contract must be recorded before work begins if contract more than $25,000.00.
General Contractor – Mechanic Lien
Liens must be filed within 60 days from substantial completion of the entire work.
Timeframe to foreclose lien
Liens must be foreclosed upon within 1 year of recording of lien.
Construction participants not covered by lien law
Material suppliers whose customers are not the contractor or a subcontractor are not protected by Louisiana lien law.
Cost and damages not allowed in lien claim
Items that typically are not allowed in a lien claim are punitive damages, attorney’s fees other than as provided by statute, and materials not incorporated in or consumed on the project.
Supplier – Preliminary notice requirements to file mechanic lien
Kentucky law does not require any notice or filing prior to the performance of the work by the Prime Contractor or a first, second or third tier Subcontractor. However, the Kentucky statutes do provide a mechanism for Prime Contractors, Subcontractors or Suppliers to file a Notice of Contract, that they have furnished, or expect to furnish, labor or materials for the improvement of real property and, if properly filed, protects them from subsequent mortgages or conveyances
Supplier – Mechanic Lien
Notice to Owner must be given within 75 days of last furnishing labor or materials if contract is $1000 or less. Notice to Owner must be given within 75 days of last furnishing labor or materials if owner-occupied residence. If it is more than $1000, notice must be given within 120 days of last furnishing labor or materials. Lien must be filed within 6 months from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
Kentucky law does not require any notice or filing prior to the performance of the work by the Prime Contractor or a first, second or third tier Subcontractor. However, the Kentucky statutes do provide a mechanism for Prime Contractors, Subcontractors or Suppliers to file a Notice of Contract, that they have furnished, or expect to furnish, labor or materials for the improvement of real property and, if properly filed, protects them from subsequent mortgages or conveyances
Subcontractor – Mechanic Lien
Notice to Owner must be given within 75 days of last furnishing labor or materials if contract is $1000 or less. Notice to Owner must be given within 75 days of last furnishing labor or materials if owner-occupied residence. If it is more than $1000, notice must be given within 120 days of last furnishing labor or materials. Lien must be filed within 6 months from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
Kentucky law does not require any notice or filing prior to the performance of the work by the Prime Contractor or a first, second or third tier Subcontractor. However, the Kentucky statutes do provide a mechanism for Prime Contractors, Subcontractors or Suppliers to file a Notice of Contract, that they have furnished, or expect to furnish, labor or materials for the improvement of real property and, if properly filed, protects them from subsequent mortgages or conveyances
General Contractor – Mechanic Lien
Lien must be filed within 6 months from last providing materials or labor.
Timeframe to foreclose lien
Action to enforce must be commenced within 12 months from date of recording of lien.
Construction participants not covered by lien law
Supplier to Supplier
Cost and damages not allowed in lien claim
Items that are typically not allowed in a lien claim are attorneys’ fees, lost profits, indirect and consequential damages.
Supplier – Preliminary notice requirements to file mechanic lien
A warning statement must be given to the property owner if a subcontractor and/or supplier wishes to claim a lien on pre-existing residential property.
Supplier – Mechanic Lien
Lien must be filed within 3 months of last providing materials or labor. In order to extend the lien timeframe the notice of extension must be filed within 3 months which will extend lien timeframe to within 5 months from last providing materials or labor.
Subcontractor – Preliminary notice requirements to file mechanic lien
A warning statement must be given to the property owner if a subcontractor and/or supplier wishes to claim a lien on pre-existing residential property.
Subcontractor – Mechanic Lien
Lien must be filed within 3 months of last providing materials or labor. In order to extend the lien timeframe the notice of extension must be filed within 3 months which will extend lien timeframe to within 5 months from last providing materials or labor.
General Contractor – Preliminary notice requirements to file mechanic lien
On new residential property, the contractor must file a Notice to Intent to Perform – this is not a preliminary notice document.
General Contractor – Mechanic Lien
Lien must be filed within 4 months of last providing materials or labor, unless a one-month extension is filed and served.
Timeframe to foreclose lien
Action to enforce must be commenced within 1 year of recording of lien.
Construction participants not covered by lien law
subcontractors of subcontractors, a supplier of a supplier and a supplier to a sub-subcontractor
Cost and damages not allowed in lien claim
There is no allowance for attorney’s fees, costs or other charges
Supplier – Preliminary notice requirements to file mechanic lien
Residential projects, must complete and post a “Preliminary notice”, an electronic form provided on the Secretary of State’s Mechanic lien and Notice Registry website as soon as the materials or labor are first furnished. Commercial: must notify prime contractor within 30 days of first furnishing materials.
Supplier – Mechanic Lien
90 days: For maximum protection lien must be filed within 90 days of last providing materials or labor. Lien may be filed for a period of 2 years after the 90-day deadline, but is only effective as to amounts not yet paid to the general contractor.
Subcontractor – Preliminary notice requirements to file mechanic lien
Residential projects, must complete and post a “Preliminary notice”, an electronic form provided on the Secretary of State’s Mechanic lien and Notice Registry website as soon as the materials or labor are first furnished. Commercial: must notify prime contractor within 30 days of first furnishing materials.
Subcontractor – Mechanic Lien
90 days: For maximum protection lien must be filed within 90 days of last providing materials or labor. Lien may be filed for a period of 2 years after the 90-day deadline, but is only effective as to amounts not yet paid to the general contractor.
General Contractor – Preliminary notice requirements to file mechanic lien
Residential projects, must provide notice of lien rights and identity of subs to be used. Must complete and post a “Commencement of Work” Notice, an electronic form provided on the Secretary of State’s Mechanic lien and Notice Registry website no later than 10 days afrom commencement of work
General Contractor – Mechanic Lien
90 days: For maximum protection lien must be filed within 90 days of last providing materials or labor. Lien may be filed for a period of 2 years after the 90-day deadline, but is only effective as to amounts not yet paid to the general contractor.
Timeframe to foreclose lien
Action to enforce must be commenced within 2 years from the expiration of the 90 day period.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
Suppliers of labor or materials to a second-tier or lower subcontractor are not entitled to a lien against either the retention fund or the bond
Supplier – Preliminary notice requirements to file mechanic lien
Only required on residential owner-occupied projects. If new construction, within 60 days of first furnishing; renovation work within 30 days.
Supplier – Mechanic Lien
For residential projects, the deadline is sixty (60) days from the date of last work performed or materials furnished. For public utilities, commercial and industrial projects, the deadline is ninety (90) days from the date of last work performed or materials furnished.
Subcontractor – Preliminary notice requirements to file mechanic lien
Only required on residential owner-occupied projects. If new construction, within 60 days of first furnishing; renovation work within 30 days.
Subcontractor – Mechanic Lien
For residential projects, the deadline is sixty (60) days from the date of last work performed or materials furnished. For public utilities, commercial and industrial projects, the deadline is ninety (90) days from the date of last work performed or materials furnished.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
For residential projects, the deadline is sixty (60) days from the date of last work performed or materials furnished. For public utilities, commercial and industrial projects, the deadline is ninety (90) days from the date of last work performed or materials furnished.
Timeframe to foreclose lien
Action to enforce due within 1 year; however, that time can be shortened to as little as thirty (30) days if the owner sends a statutory thirty (30) day written notice to foreclose to the lien claimant.
Construction participants not covered by lien law
Material suppliers to material suppliers are considered to be too remote so as to be afforded the protection of the lien law. Unions and fringe benefit funds also lack lien rights, as do suppliers of fuel to run construction equipment on a project.
Cost and damages not allowed in lien claim
Attorney fees are mandatory if there is a judgment in any amount recovered on the lien. However, there is a statutory exception to the right to recover fees in the case of owner prior payment, in fact, of the contract consideration to the general or prime contractor.
Supplier – Preliminary notice requirements to file mechanic lien
Commercial and new residential does not require a preliminary notice. If working on single-family owner-occupied residence, notice required within 60 days of first furnishing.
Supplier – Mechanic Lien
90 days: Must deliver Notice of Intent to Lien within 90 days of last furnishing labor and/or materials. Thereafter, the mechanic lien must be recorded within 4 months after completion of work.
Subcontractor – Preliminary notice requirements to file mechanic lien
Commercial and new residential does not require a preliminary notice. If working on single-family owner-occupied residence, notice required within 60 days of first furnishing.
Subcontractor – Mechanic Lien
90 days: Must deliver Notice of Intent to Lien within 90 days of last furnishing labor and/or materials. Thereafter, the mechanic lien must be recorded within 4 months after completion of work.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
4 months: the mechanic lien must be recorded within 4 months after completion of work.
Timeframe to foreclose lien
Action to enforce due within 2 years from completion of work.
Construction participants not covered by lien law
There are not any participants that are not covered.
Cost and damages not allowed in lien claim
There are no cost or damages that are not allowed in lien claim
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
90 days: Must be filed within 90 days from the date of last furnishing of labor/materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
90 days: Must be filed within 90 days from the date of last furnishing of labor/materials.
General Contractor – Preliminary notice requirements to file mechanic lien
On residential projects, must give written Residential Disclosure before entering contract exceeding $2000.
General Contractor – Mechanic Lien
90 days: Must be filed within 90 days from the date of last furnishing of labor/materials.
Timeframe to foreclose lien
Action to enforce due within 6 months of filing lien.
Construction participants not covered by lien law
Supplier to Supplier
Cost and damages not allowed in lien claim
There are no cost or damages that are not allowed in lien claim
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Mechanic lien must be prepared by an attorney. 45 days: mechanic’s lien must be filed after demand has been made for payment and payment has been refused or neglected but in no event later than “within 45 days after the Date of Completion of the improvements against which it is filed. The Date of Completion, under the statute, is the date of filing of an Affidavit of Publication and Notice of Completion confirming publication of a notice that the improvement has been completed or has been abandoned. If no Affidavit of Publication and Notice of Completion is filed, the application of lien must be filed within one year and 45 days after actual substantial completion or abandonment. Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 45 days: mechanic’s lien must be filed after demand has been made for payment and payment has been refused or neglected but in no event later than “within 45 days after the Date of Completion of the improvements against which it is filed. The Date of Completion, under the statute, is the date of filing of an Affidavit of Publication and Notice of Completion confirming publication of a notice that the improvement has been completed or has been abandoned. If no Affidavit of Publication and Notice of Completion is filed, the application of lien must be filed within one year and 45 days after actual substantial completion or abandonment. Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach.
General Contractor – Preliminary notice requirements to file mechanic lien
Under Hawaii’s statutory scheme, contractors involved with home construction or improvements are required to explain verbally in detail to the homeowner all lien rights of all parties performing under the contract. In addition, the contractor is required to provide the homeowner with a written contract, which must contain relevant information pertaining to the work being performed, must be signed by the contractor and the homeowner, and must be executed prior to the performance of any home construction or improvement.
General Contractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 45 days: mechanic’s lien must be filed after demand has been made for payment and payment has been refused or neglected but in no event later than “within 45 days after the Date of Completion of the improvements against which it is filed. The Date of Completion, under the statute, is the date of filing of an Affidavit of Publication and Notice of Completion confirming publication of a notice that the improvement has been completed or has been abandoned. If no Affidavit of Publication and Notice of Completion is filed, the application of lien must be filed within one year and 45 days after actual substantial completion or abandonment. Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach.
Timeframe to foreclose lien
Court will hold a hearing to determine if probable cause exists for the lien within 3-10 days after service, and if found, will attach. Must enforce lien within 3 months from attachment.
Construction participants not covered by lien law
“a supplier or licensed subcontractor cannot obtain a lien if the general contractor is unlicensed. In addition, the lien law will not protect an unlicensed contractor, if under Hawaii law a license is required.
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Cost and damages not allowed in lien claim
Items that are typically not allowed in a lien claim are interest, attorney’s fees, lost profits, fringe benefits to employees, food, transportation and housing for out-of-state workers (unless expressly required by contract). Delay damages and consequential damages will also typically be denied, unless the lienor can demonstrate that the claimed damages pertain to an increase in the price or amount of labor or materials that have been incorporated in the improvement.
Supplier – Preliminary notice requirements to file mechanic lien
Notice to Contractor must be sent to Owner and Contractor within 30 days of first delivering services or materials or within 30 days of owner filing Notice of Commencement whichever is later. Not required if you have a contract direct with the General Contractor. A preliminary notice may be cancelled through service of a demand of filing a claim of lien.
Supplier – Mechanic Lien
Lien Companies are not able to file the mechanic lien in Georgia. 90 days: Must be filed within 90 days of last furnishing labor/materials.
Subcontractor – Preliminary notice requirements to file mechanic lien
Notice to Contractor must be sent to Owner and Contractor within 30 days of first delivering services or materials or within 30 days of owner filing Notice of Commencement whichever is later. Not required if you have a contract direct with the General Contractor. A preliminary notice may be cancelled through service of a demand of filing a claim of lien.
Subcontractor – Mechanic Lien
Lien Companies are not able to file the mechanic lien in Georgia. 90 days: Must be filed within 90 days of last furnishing labor/materials.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Lien Companies are not able to file the mechanic lien in Georgia. 90 days: Must be filed within 90 days of last furnishing labor/materials.
Timeframe to foreclose lien
Action to enforce must be initiated within 365 days from recording the lien. Within 30 days after commencing the action, must file a commencement of lien action notice.
Construction participants not covered by lien law
Suppliers to materialman are not entitled to the protection of the Georgia lien laws. In addition, unlicensed architects and unlicensed engineers, any party owning an interest in the real property, subcontractors unlicensed in violation of state licensing laws, and others may be denied lien law protection.
Cost and damages not allowed in lien claim
Historically, the “labor, services and materials” protected by the lien statutes have been defined largely in the Georgia case law, and the definition of those protected costs has continued to evolve with new case decisions. However, in May of 2013, the lien law was amended to provide broadly that claims of lien may include the amounts due and owing the lien claimant under the terms of its contract, including interest. Arguably, costs and damages allowed in a lien claim will now include all costs and damages recoverable under the contract.
Supplier – Preliminary notice requirements to file mechanic lien
45 days: Notice to Owner required within earlier date of: (a) within 45 days from first providing labor or materials; (b) before final payment from the owner.; (c) 45 days when work begins on making specialty materials; (d) Before owner’s final payment to prime contractor under its contract. Notice does not cover back if filed late
Supplier – Mechanic Lien
Lien must be performed by an attorney 90 days: Must be filed within 90 days of last day work performed, and served on owner 15 days after filing.
Subcontractor – Preliminary notice requirements to file mechanic lien
45 days: Notice to Owner required within earlier date of: (a) within 45 days from first providing labor or materials; (b) before final payment from the owner.; (c) 45 days when work begins on making specialty materials; (d) Before owner’s final payment to prime contractor under its contract. Notice does not cover back if filed late
Subcontractor – Mechanic Lien
Lien must be performed by an attorney 90 days: Must be filed within 90 days of last day work performed, and served on owner 15 days after filing.
General Contractor – Preliminary notice requirements to file mechanic lien
10 days: Must provide list of all subs and suppliers within 10 days of request.
General Contractor – Mechanic Lien
Lien must be performed by an attorney 90 days: Must be filed within 90 days of last day work performed, and served on owner 15 days after filing.
Timeframe to foreclose lien
Action to enforce must be commenced within 1 year from date the lien was recorded.
Construction participants not covered by lien law
sub-sub-subcontractors, materialmen to a materialman, and materialmen to sub-sub-subcontractors have no lien rights at all
Cost and damages not allowed in lien claim
The value of labor, services or materials furnished wich do not contribute to the permanent improvement of real property is generally not allowed in a claim of lien. Maintenance services, such as lawn mowing and shrubbery trimming, are not lienable. Materials purchased but not delivered to the jobsite, unless specially fabricated or directed elsewhere by the owner, are not lienable. Unapproved change orders, claims and lost profits on unperformed woerk are not lienable. Work performed by an unlicensed contractor, sub-contractor or sub-subcontractor or professional lienor is not lienable. Attorney’s fees are not included in the claim of lien, but are recoverable as costs in a lien forclosure lawsuit.
Supplier – Preliminary notice requirements to file mechanic lien
Not required
Supplier – Mechanic Lien
90 days: Lien must be filed w/in 90 days from completion or termination of claimant’s work (earlier of two).
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
90 days: Lien must be filed within 90 days from completion or termination of claimant’s work (earlier of two).
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
90 days: Lien must be filed within 90 days from completion or termination of claimant’s work (earlier of two).
Timeframe to foreclose lien
Must be enforced within 180 days from lien recording date.
Construction participants not covered by lien law
Subcontractors, suppliers, and laborers without a direct contract with the general contractor are not protected by the lien law. There are no cases addressing the issue of whether architects are entitled to claim under the lien statute
Cost and damages not allowed in lien claim
Lien Law does not indicate any cost or damages not allowed
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Mechanic lien must be prepared by an attorney. 120 days: Must be filed within 120 days of completion of work. Owner-occupied residential work suppliers and subcontractors can only file the lien for funds owed to the GC at the time of filing (if the owner has paid the GC in full, the sub or supplier has no lien rights.)
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 120 days: Must be filed within 120 days of completion of work. Owner-occupied residential work suppliers and subcontractors can only file the lien for funds owed to the GC at the time of filing (if the owner has paid the GC in full, the sub or supplier has no lien rights.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
Mechanic lien must be prepared by an attorney. 180 days: Must be filed within 180 days of completion of work.
Timeframe to foreclose lien
Action to enforce incorporated within lien filing.
Construction participants not covered by lien law
Suppliers to suppliers are not afforded protection under Delaware lien law. Also, providers of rental equipment are not afforded lien protection for their services.
Cost and damages not allowed in lien claim
Attorney fees and consequential damages are not allowed as part of a lien claim in Delaware.
Supplier – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Supplier – Mechanic Lien
Notice of Intent to owner and prime contractor should be filed within 90 days from ceasing work. If contractor filed an affidavit with the county clerk then Subs and Suppliers are required to serve original contractor and property owner aith a copy of any notice of intent to file a lien 90 days: Must be filed within 90 days of last day work performed.
Subcontractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
Subcontractor – Mechanic Lien
Notice of Intent to owner and prime contractor should be filed within 90 days after ceasing work. If contractor filed an affidavit with the county clerk then Subs and Suppliers are required to serve original contractor and property owner aith a copy of any notice of intent to file a lien 90 days: Must be filed within 90 days of last day work performed.
General Contractor – Preliminary notice requirements to file mechanic lien
15 days: Although not required, a contractor is advised to file an affidavit with the county clerk within 15 days of commencing work.
General Contractor – Mechanic Lien
90 days: Must be filed within 90 days of last day work performed.
Timeframe to foreclose lien
Action to enforce must be commenced within 1 year from date lien recorded or sixty days after any final disposition of an appeal taken of a reduction or discharge order.
Construction participants not covered by lien law
Certain professional services do not necessarily “improve” the property. On residential construction, home improvement contractors who fail to comply with the Connecticut Home Improvement Act are not entitled to mechanic’s liens
Cost and damages not allowed in lien claim
Items typically not allowed in a lien claim are articles that do not become “permanent fixtures.” Further, indirect or consequential damages are typically not allowed.
Supplier – Preliminary notice requirements to file mechanic lien
Preliminary notice is NOT required; however, sending a Notice to Owner is allowed and places a duty upon the person contracted with the principal contractor to insure that payment has been made to the noticing party or to withhold suffiecient funds to satisfy the amount set out in the notice
Supplier – Mechanic Lien
Intent to lien: 10 days prior to recording the mechanic lien Mechanic Lien: must be filed within 4 months from last delivery of services or materials. Residential timeframe to record lien is two months from last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months.
Subcontractor – Preliminary notice requirements to file mechanic lien
Preliminary notice is NOT required; however, sending a Notice to Owner is allowed and places a duty upon the person contracted with the principal contractor to insure that payment has been made to the noticing party or to withhold suffiecient funds to satisfy the amount set out in the notice
Subcontractor – Mechanic Lien
Intent to lien: 10 days prior to recording the mechanic lien Mechanic Lien: must be filed within 4 months from last delivery of services or materials. Residential timeframe to record lien is two months from last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months.
General Contractor – Preliminary notice requirements to file mechanic lien
Preliminary notice is NOT required; however, sending a Notice to Owner is allowed and places a duty upon the person contracted with the principal contractor to insure that payment has been made to the noticing party or to withhold suffiecient funds to satisfy the amount set out in the notice
General Contractor – Mechanic Lien
Intent to lien: 10 days prior to recording the mechanic lien Mechanic Lien: must be filed within 4 months from last delivery of services or materials. Residential timeframe to record lien is two months from last delivery of services or materials. If only labor provided (and not materials) time is shortened to 2 months.
Timeframe to foreclose lien
Action to enforce lien is required within 6 months of completion or last furnishing of services or materials.
Construction participants not covered by lien law
In private construction, Colorado law is very broad and just about everyone is afforded protection except suppliers to suppliers. On public construction projects involving governmental entities, suppliers to suppliers, architects, engineers, draftsmen and artisans are not specifically protected.
Cost and damages not allowed in lien claim
We must distinguish between what items are allowed as part of a money judgment and items that are allowed as part of the judgment against the real estate that can be foreclosed upon. Only interest can be added to the actual debt upon which foreclosure of the real estate will be ordered. Other items, including attorney fees, can be part of a money judgment but cannot be included in the amount upon which foreclosure against the real estate is permitted.
Supplier – Preliminary notice requirements to file mechanic lien
20 days: Preliminary 20-Day notice must be served on owner, prime contractor and lender (if any) within 20 days of first providing materials or labor. Tardy notice is only effective for work done in the preceding 20 days; however; tardy notice should always be filed for full contract amount including change orders regardless of payments received.
Supplier – Mechanic Lien
30 days: Must be filed within 30 days from recording of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work.
Subcontractor – Preliminary notice requirements to file mechanic lien
20 day: Preliminary 20-Day notice must be served on owner, prime contractor and lender (if any) within 20 days of first providing materials or labor. Tardy notice is only effective for work done in the preceding 20 days; however; tardy notice should always be filed for full contract amount including change orders regardless of payments received.
Subcontractor – Mechanic Lien
30 days: Must be filed within 30 days from recording of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work.
General Contractor – Preliminary notice requirements to file mechanic lien
20 days: Preliminary 20-Day notice must only be served on the construction lender (if any) within 20 days of first providing materials or labor. Tardy notice is only effective for work done in the preceding 20 days; however; tardy notice should always be filed for full contract amount including change orders regardless of payments received.
General Contractor – Mechanic Lien
30 days: Must be filed within 30 days from recording of Notice of Completion or Cessation, or if neither are filed, within 90 days from completion of the work.
Timeframe to foreclose lien
Action to enforce due within 90 days from recording of lien.
Construction participants not covered by lien law
An unlicensed contractor cannot use the mechanic’s lien remedy. A person not in contractual relations with any of the major parties (owner, prime contractor, subcontractor) or their agents cannot use the mechanic’s lien remedy. Suppliers to Suppliers have no rights.
Cost and damages not allowed in lien claim
Delay damages and attorneys’ fees. Also, a mechanic’s lien claim cannot be for more than the contract price or the fair value of the work or materials (whichever is less).
Supplier – Preliminary notice requirements to file mechanic lien
On Residential Projects: a Pre-Construction Notice to Owner required before work. On Commercial projects: Notice to Owner and Contractor within 75 days of last furnishing work and materials.
Supplier – Mechanic Lien
“10 days: Notice of Intent to Lien required 10 days before filing a lien. 120 days: Must be filed within 120 days after last furnishing labor/materials.
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Subcontractor – Preliminary notice requirements to file mechanic lien
On Residential Projects: a Pre-Construction Notice to Owner required before work. On Commercial projects: Notice to Owner and Contractor within 75 days of last furnishing work and materials.
Subcontractor – Mechanic Lien
10 days: Notice of Intent to Lien required 10 days before filing a lien. 120 days: Must be filed within 120 days after last furnishing labor/materials.
General Contractor – Preliminary notice requirements to file mechanic lien
On Residential Projects: a Pre-Construction Notice to Owner required before work. On Commercial projects: Notice to Owner and Contractor within 75 days of last furnishing work and materials.
General Contractor – Mechanic Lien
10 days: Notice of Intent to Lien required 10 days before filing a lien. 120 days: Must be filed within 120 days after last furnishing labor/materials.
Timeframe to foreclose lien
Action to enforce must be filed within 15 months of recording lien.
Construction participants not covered by lien law
Providers of equipment, e.g., equipment rental providers, are not specifically covered by the law. Also, remote subcontractors and suppliers may not be protected.
Cost and damages not allowed in lien claim
Arkansas allows for broad recovery, including the indebtedness, along with interest, and costs. The successful party may be entitled to attorney’s fees.
Supplier – Preliminary notice requirements to file mechanic lien
Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner.
Supplier – Mechanic Lien
120 days: The Lien must be filed in 120 days after actual completion of the contract or last day of providing services. If the Owner has recorded a Notice of Completion, the Lien or Notice of Right to Lien must be filed within 15 days from the date that the Notice of Completion was recorded. If Notice of Right to Lien is recorded either before providing services or within 15 days of the Owner filing a Notice of Completion, Claimant has 120 days from actual completion of the contract or last day of providing services to record.
Subcontractor – Preliminary notice requirements to file mechanic lien
Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner.
Subcontractor – Mechanic Lien
120 days: The Lien must be filed in 120 days after actual completion of the contract or last day of providing services. If the Owner has recorded a Notice of Completion, the Lien or Notice of Right to Lien must be filed within 15 days from the date that the Notice of Completion was recorded. If Notice of Right to Lien is recorded either before providing services or within 15 days of the Owner filing a Notice of Completion, Claimant has 120 days from actual completion of the contract or last day of providing services to record.
General Contractor – Preliminary notice requirements to file mechanic lien
Notice of Lien Rights may be served on owner & filed before providing labor or materials; this extends lien recording time and transfers the burden of proof to the owner.
General Contractor – Mechanic Lien
120 days: The Lien must be filed in 120 days after actual completion of the contract or last day of providing services. If the Owner has recorded a Notice of Completion, the Lien or Notice of Right to Lien must be filed within 15 days from the date that the Notice of Completion was recorded. If Notice of Right to Lien is recorded either before providing services or within 15 days of the Owner filing a Notice of Completion, Claimant has 120 days from actual completion of the contract or last day of providing services to record.
Timeframe to foreclose lien
Generally, a lien claimant has six months to file a suit to initiate enforcement of a lien. A claimant has the option of recording an Extension Notice within the first six month period and, by doing so, can extend the life of their lien (and the date to file suit) for up to another six months.
Construction participants not covered by lien law
Sub-tier subcontractors or suppliers of material or equipment which do not deliver directly “to the site” may not have the right to assert a lien
Cost and damages not allowed in lien claim
Delay damages have typically not been permitted since they do not “enhance the value of the finished product.” Penalties paid by a claimant are typically not includable since they do not represent added value to the real estate.
Supplier – Preliminary notice requirements to file mechanic lien
If a supplier of materials only, may provide preliminary notice to obtain the same lien rights as a general contractor.
Supplier – Mechanic Lien
If there is not direct contract with owner, notice of unpaid lien must be provided to owner before filing for lien. Alabama law does not specify how long prior to performance a Notice to Owner must be sent. Must be filed within 4 months from last providing materials or labor. Laborers must file statement of lien within 30 days from las day labor was provided on project.
Subcontractor – Preliminary notice requirements to file mechanic lien
If a supplier of materials only, may provide preliminary notice to obtain the same lien rights as a general contractor.
Subcontractor – Mechanic Lien
If there is not direct contract with owner, notice of unpaid lien must be provided to owner before filing for lien. Alabama law does not specify how long prior to performance a Notice to Owner must be sent. Must be filed within 4 months from last providing materials or labor. Laborers must file statement of lien within 30 days from las day labor was provided on project.
General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.
General Contractor – Mechanic Lien
6 Months: Must be filed within 6 months from the last item of work or labor has been performed. Laborers must file statement of lien within 30 days from las day labor was provided on project.
Timeframe to foreclose lien
An action must be commenced “within six (6) months after the maturity of the entire indebtedness secured” by the lien, which has been construed to mean the point in time when the debt is contractually due and payable to the lienor
Construction participants not covered by lien law
Surveyors, Suppliers to suppliers and in most instances, design professionals
Cost and damages not allowed in lien claim
Interest is recoverable at the rate provided for by the contract between the parties or at the maximum rate allowed by Alabama law. Attorney’s fees are recoverable only if provided for by the contract between the parties.