Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects On owner-occupied residential projects, must provide notice of lien rights and identity of subs to be used. Within 90 days of last providing materials or labor, lien must be filed. Action to enforce must be commenced within 2 years from the expiration of the 90 day period.
sub laborer Private Projects None. On owner-occupied residential, must provide notice of providing labor/materials to owner upon starting work. If a sub-sub on non-residential, must notify prime contractor within 30 days of first furnishing materials. Within 90 days of last providing materials or labor, lien must be filed. Action to enforce must be commenced within 2 years from the expiration of the 90 day period.
supplier other Private Projects If supplying to a sub on non-residential, must notify prime contractor within 30 days of first furnishing materials. Within 90 days of last providing materials or labor, lien must be filed. Action to enforce must be commenced within 2 years from the expiration of the 90 day period.

NOTICE REQUIREMENTS

  • Parties Supplying Materials/Labor to Subcontractors:   Must deliver to the prime contractor a Notice by Supplier of Labor or Materials to a Subcontractor w/in 30 days of first furnishing labor and / or materials to preserve lien rights.   This notice does not apply to suppliers/subs on single or two family residential dwellings.
  • Principal Contractor on Owner Occupied Residential Project:   Must provide notice to owner that parties furnishing labor and/or materials to the project may enforce lien rights.  Must be in contract, or if contract is oral, provided to the owner within 10 days of commencing work.    This must provide name and address of all subs to be used, and must be supplemented during course of the project.
  • Supplier/Subs on Owner Occupied Residential Projects:  Must serve written notice on owner that it is providing labor/materials to the project and has lien rights, to preserve protection / lien rights.  Only effective against funds owner has yet to pay the principal contractor.
  • When liens are filed timely, the Clerk of Court notifies the property owner.   When subcontractor files lien late, however, subcontractor must serve written notice of the lien filing.

THE MECHANICS LIEN

  • Must be filed within 90 days of last furnishing labor and/or materials to the project.
  • Action to enforce lien must be filed within 2 years from the expiration of the lien period (so, 2 years and 90 days from the last furnishing of labor and/or materials).
  • Parties may file liens after the lien period.  However, they must serve the owner with notice of the claim, and the lien is only effective against funds the owner has yet to pay the principal contractor.
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