Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects None. Must be filed within 4 months after completion of work to get priority over owner and third parties. Within 2 years after completion of work to prevail over original owner. Action to enforce due within 2 years after completion of work.
sub laborer Private Projects Typically, none. If working on single-family owner-occupied residence, notice required w/in 60 days of starting work. Must deliver Notice of Intent to Lien w/in 90 days of last furnishing labor and/or materials. Thereafter, must be filed within 4 months after completion of work to get priority over owner and third parties. Within 2 years after completion of work to prevail over original owner. Action to enforce due within 2 years after completion of work.
supplier other Private Projects Typically, none. If working on single-family owner-occupied residence, notice required w/in 60 days of starting work. Must deliver Notice of Intent to Lien w/in 90 days of last furnishing labor and/or materials. Thereafter, must be filed within 4 months after completion of work to get priority over owner and third parties. Within 2 years after completion of work to prevail over original owner. Action to enforce due within 2 years after completion of work.

NOTICE REQUIREMENTS

  • Generally, preliminary notice is not required prior to the performance of work.
  • Anyone who did not contract with the owner must deliver a Notice of Intent to File a Mechanic’s Lien within 90 days of last furnishing labor and/or materials.
  • On Owner-Occupied Single Family Residences, anyone without a direct contract with the owner must deliver a preliminary notice to the owner-occupier within 60 days of first furnishing labor and/or material.

THE START OF LIEN PERIOD
Work performed to meet remedial, punch list and/or warranty obligations typically is not considered in establishing your last day of work and/or the last delivery of labor and/or materials.

THE MECHANIC’S LIEN

  • To be effective against “all parties,” including those who purchase the property before the lien is filed, the lien must be recorded within 4 months of last furnishing labor and/or materials to the project.
  • Lien can be filed against the interests of the original owner within 2 years of last furnishing labor and/or materials.
  • Action to enforce lien must be filed within 2 years from last furnishing labor and/or materials.
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