As a contractor, it’s important to be educated on the lien laws in your state to ensure that your lien rights are protected and that you are getting paid for your work. It’s especially important when you run into a situation where you aren’t getting paid on a project and have to take it to the next level of a mechanic’s lien. Here are some important deadlines to be aware of.
You MUST file a prelien within 20 days of issuing supplies or starting work.
Just like when you are filing a lien for privately-owned property, you need to issue a preliminary notice in order to issue a stop notice.
You have 90 days to file lien claims after the completion of the project.
Unless a recorded notice of completion has been filed. You also have 90 days to act on your lien. If this deadline is passed, the contractor may not be able to enforce their lien rights and may be required to remove the lien. If the contractor and the property owner agree, the deadline can be extended up to a year.
You have 60 days after filing a suit to serve the property owner. Once the property owner has been served, the contractor then has 60 days to provide legal documentation of service to the court.
When a Notice of Completion is filed, the due dates are shortened. 60 days for general contractors and 30 days for subcontractors and suppliers. Additionally, project completion is marked by 60 days in which no work has been performed.