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.