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.