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 which 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 work 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 foreclosure lawsuit.