Private Projects

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notice requirements Private Projects lien requirements Private Projects
prime contractor Private Projects None. Lien must be filed w/in 6 months after last labor or materials furnished, enforced 2 years after filing.
sub laborer Private Projects Notice of intent to lien required 30 days before filing. Lien must be filed w/in 6 months after last labor or materials furnished, enforced 2 years after filing.
supplier other Private Projects Notice of intent to lien required 30 days before filing. Lien must be filed w/in 6 months after last labor or materials furnished, enforced 2 years after filing.

NOTICE REQUIREMENTS

Pre- Work Notices
None
Pre-Lien Notices
Subcontractors must give written notice of their intent to lien the project at least 30 days before filing a lien.

Post-Lien Notices
Anyone who files a Claim of Lien must serve written Notice of Filing of a Claim upon the property owner within one month of filing.    An affidavit of Service of Notice or an acceptance of service must be filed with the court within twenty (20) days after making the service setting forth the date and manner of service.

THE MECHANICS LIEN

Who Can and Cannot Lien: Liens are available to the prime contractor (party who contracts with the owner), the subcontractor (party who contracts with the prime contractor), and a sub-subcontractor (party who contracts with a contractor who contracted with the prime contractor).    However, mechanic’s lien rights are not available further down the contract chain.    Definition of contractor, subcontractor, sub-subcontractor includes suppliers, so long as their contract is with the property owner, prime contract or with a 1st tier subcontractor.

Architects and Engineers can only lien if they contract with the owner, and perform additional services (i.e. supervise construction).

  • Referred to as “Claim of Lien”
  • Must file a Claim of Lien within 6 months from when the claimant completes work.
  • Action to enforce lien must be filed within 2 years from the date the Claim of Lien is filed.
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