This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances. The contents are intended for general information purposes only, and you are urged to consult a lawyer concerning your own situation and any specific legal questions you may have.

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

PRIME CONTRACTOR

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

Preliminary

Notice

None

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

Claim of Lien

Verified Statement of Lien must be filed within 6 months after the last item of work or material furnished

Suit must be commenced, and lis pendens notice should be filed, within 6 months after maturity of the entire indebtedness (ordinarily the last day on which labor or materials were furnished)

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

SUBCONTRACTOR

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

Preliminary

Notice

Notice of Intent to Claim Lien must be served on owner and construction lender prior to filing verified statement of lien

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

Claim of Lien

Verified Statement of Lien must be filed within 4 months after last item of work or material furnished

Laborers must file a Verified Statement of Lien within 30 days after last item of work furnished

Suit must be commenced, and lis pendens notice should be filed, within 6 months after maturity of the entire indebtedness (ordinarily the last day on which labor or materials were furnished)

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

MATERIAL SUPPLIER

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

Preliminary

Notice

Notice of Intent to Claim Lien must be served on owner and construction lender prior to any materials being supplied to the project

ALABAMA

ALA. CODE

§§ 35-11-1

et seq.

Claim of Lien

Verified Statement of Lien must be filed within 4 months after last item of work or material furnished

Suit must be commenced, and lis pendens notice should be filed, within 6 months after maturity of the entire indebtedness (ordinarily the last day on which labor or materials were furnished)

ALASKA

ALASKA ALASKA STAT. §§ 34.35.005 et seq.	PRIME CONTRACTOR
ALASKA ALASKA STAT. §§ 34.35.005 et seq.	Preliminary Notice	Notice of Right to Lien should be served on owner and filed prior to provision of labor or materials
ALASKA ALASKA STAT. §§ 34.35.005 et seq.	Claim of Lien	Claim of Lien must be filed within 15 days from Notice of Completion if advance notice of filing Notice of Completion is given Claim of Lien must be filed within 15 days from filing of Notice of Completion if no Notice of Right to Lien filed Claimant who records Notice of Right to Lien has 120 days after either completion of the construction contract or the last day of furnishing goods or services for improvement of the property to record a Claim of Lien Claimant who has given Notice of Right to Lien but otherwise receives no advance notice of the date that the Notice of Completion is to be recorded by the owner has 120 days to record Claim of Lien Suit must be commenced, and lis pendens notice should be filed, within 6 months after claim of lien is recorded
ALASKA ALASKA STAT. §§ 34.35.005 et seq.	SUBCONTRACTOR
ALASKA ALASKA STAT. §§ 34.35.005 et seq.	Preliminary Notice	Notice of Right to Lien should be served on owner and filed prior to provision of labor or materials
ALASKA ALASKA STAT. §§ 34.35.005 et seq.	Claim of Lien	Claim of Lien must be filed within 15 days from Notice of Completion if advance notice of filing Notice of Completion is given Claim of Lien must be filed within 15 days from filing of Notice of Completion if no Notice of Right to Lien filed Claimant who records Notice of Right to Lien has 120 days after either completion of the construction contract or the last day of furnishing goods or services for improvement of the property to record a Claim of Lien Claimant who has given Notice of Right to Lien but otherwise receives no advance notice of the date that the Notice of Completion is to be recorded by the owner has 120 days to record Claim of Lien Suit must be commenced, and lis pendens notice should be filed, within 6 months after claim of lien is recorded
ALASKA	MATERIAL SUPPLIER
ALASKA	Preliminary Notice	Notice of Right to Lien should be served on owner and filed prior to provision of labor or materials
ALASKA	Claim of Lien	Claim of Lien must be filed within 15 days from Notice of Completion if advance notice of filing Notice of Completion is given Claim of lien must be filed within 15 days from filing of Notice of Completion if no Notice of Right to Lien filed Claimant who records Notice of Right to Lien has 120 days after either completion of the construction contract or the last day of furnishing goods or services for improvement of the property to record a Claim of Lien Claimant who has given Notice of Right to Lien but otherwise receives no advance notice of the date that the Notice of Completion is to be recorded by the owner has 120 days to record Claim of Lien Suit must be commenced, and lis pendens notice should be filed, within 6 months after claim of lien is recorded

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

PRIME CONTRACTOR

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

Preliminary

Notice

Written notice must be given within 20 days after providing labor, services or materials to Owner, Prime

Contractor, and Construction Lender

Ariz. Stat. § 33-992.01

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

Claim of Lien

Claimant must record Notice and Claim of Lien within the earlier of 60 days of the filing and service of the Notice of Completion or within 120 days after completion and serve on owner within a reasonable time thereafter

Action to foreclose mechanics lien must be commenced within 6 months after recording claim of lien; lis pendens notice must be filed within 5 days of filing action

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

SUBCONTRACTOR

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

Preliminary

Notice

Written notice must be given within 20 days after providing labor, services or materials to Owner, Prime

Contractor, Construction Lender, and person with whom the subcontractor has contracted

Ariz. Stat. § 33-992.01

No preliminary notice required for person who is actual laborer for wages

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

Claim of Lien

Action to foreclose mechanics lien must be commenced within 6 months after recording claim of lien; lis pendens notice must be filed within 5 days of filing action

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

MATERIAL SUPPLIER

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

Preliminary

Notice

Written notice must be given within 20 days after providing labor, services or materials to Owner, Prime

Contractor, Construction Lender, and person with whom the supplier has contracted

Ariz. Stat. § 33-992.01

ARIZONA

ARIZ. REV. STAT. §§ 33-981 et seq.

Claim of Lien

Action to foreclose mechanics lien must be commenced within 6 months after recording claim of lien; lis pendens notice must be filed within 5 days of filing action

ARKANSAS

ARKANSAS ARK. CODE ANN. §§ 18-44-101 et seq.	PRIME CONTRACTOR
ARKANSAS ARK. CODE ANN. §§ 18-44-101 et seq.	Preliminary Notice	Claimant must (for certain residential projects) and should (for commercial projects) provide the statutory notice at § 18-44-115 prior to supplying any materials or fixtures. Notice may be incorporated into contract with Owner Claimant must give at least 10 days notice to owner prior to filing “a just and true account of the demand due and owing”
ARKANSAS ARK. CODE ANN. §§ 18-44-101 et seq.	Claim of Lien	Claimant must file “a just and true account of the demand due and owing,” together with an affidavit evidencing compliance with notice provisions, within 120 days after labor or materials furnished Action to enforce lien must be commenced, and a lis pendens notice filed, within 15 months after filing lien
ARKANSAS	SUBCONTRACTOR
ARKANSAS	Preliminary Notice	Claimant must give at least 10 days notice to owner prior to filing “a just and true account of the demand due and owing” No notice required if suit to impress lien filed by claimant within 120 days of the provision of work or materials Written Notice of Nonpayment must be served on owner and contractor within 75 days of the date on which the supplies were provided
ARKANSAS	Claim of Lien	Claimant must file “a just and true account of the demand due and owing,” together with an affidavit evidencing compliance with notice provisions, within 120 days after labor or materials furnished If appropriate notices filed, suit must commence, and a lis pendens notice filed, within 15 months after filing lien
ARKANSAS	MATERIAL SUPPLIER
ARKANSAS	Preliminary Notice	Claimant must give at least 10 days notice to owner prior to filing “a just and true account of the demand due and owing” No notice required if suit to impress lien filed by claimant within 120 days of the provision of work or materials Written Notice of Nonpayment must be served on owner and contractor within 75 days of the date on which the supplies were provided
ARKANSAS	Claim of Lien	Claimant must file “a just and true account of the demand due and owing,” together with an affidavit evidencing compliance with notice provisions, within 120 days after labor or materials furnished If appropriate notices filed, suit must commence, and a lis pendens notice filed, within 15 months after filing lien

CALIFORNIA

CAL. CIV. CODE

§§ 3082

et seq.

PRIME CONTRACTOR

CALIFORNIA

CAL. CIV. CODE

§§ 3082

et seq.

Preliminary

Notice

None

CALIFORNIA

CAL. CIV. CODE

§§ 3082

et seq.

Claim of Lien

Claim of Lien must be recorded within 60 days of notice of completion or notice of cessation (this period is extended to 90 days after the recordation date if the owner fails to give notice of recordation to the prime contractor within 10 days) or if neither is filed within 90 days after the completion of work of improvement

When a Claim of Lien is recorded, the owner must be served with the mechanic’s lien, a notice of mechanic’s lien containing statutorily prescribed information, and a proof of service affidavit. § 3084

Suit to foreclose lien must be filed within 90 days of the date that the claim of lien is recorded; lis pendens

notice must be filed no later than 20 days after filing the action

CALIFORNIA

CAL. CIV. CODE

§§ 3082

et seq.

SUBCONTRACTOR

CALIFORNIA

CAL. CIV. CODE

§§ 3082

et seq.

Preliminary

Notice

Preliminary 20-day Notice must be filed and served on the project owner, original contractor, and construction lender within 20 days of first provision of material or labor on project

Notice filed and served after 20 days is effective for all work done in preceding 20 days and thereafter

No preliminary notice required for person who is actual laborer for wages

CALIFORNIA

CAL. CIV. CODE

§§ 3082

et seq.

Claim of Lien

Claim of Lien must be recorded within 30 days of notice of completion or notice of cessation (this period is extended to 90 days after the recordation date if the owner fails to give notice of recordation within 10 days) or if neither is filed within 90 days after the completion of work of improvement

Suit to foreclose lien must be filed within 90 days of the date that the claim of lien is recorded; lis pendens

notice must be filed no later than 20 days after filing the action

CALIFORNIA

MATERIAL SUPPLIER

CALIFORNIA

Preliminary

Notice

Preliminary 20-day Notice must be filed and served on the project owner, original contractor, and construction lender within 20 days of first provision of material or labor on project

Notice filed and served after 20 days is effective for all materials supplied in preceding 20 days and thereafter

CALIFORNIA

Claim of Lien

Suit to foreclose lien must be filed within 90 days of the date that the claim of lien is recorded; lis pendens notice must be filed no later than 20 days after filing the action

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

PRIME CONTRACTOR

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

Preliminary

Notice

Notice of Intent to File a Lien Statement (together with a copy of the Lien Statement that will be filed) must be served on owner at least 10 days prior to filing Lien Statement

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

Claim of Lien

Lien Statement must be filed within 4 months after the day on which the lien claimant last provided labor

or materials except that statements “for labor and work by the day or piece, but without furnishing materials therefor” must be filed within 2 months after completion of the building or other improvements

Action to foreclose lien and notice of lis pendens must be filed within 6 months after completion of the improvement or furnishing of the last labor or materials

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

SUBCONTRACTOR

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

Preliminary

Notice

Notice of Intent to File a Lien Statement (together with a copy of the Lien Statement that will be filed) must be served on owner and prime contractor at least 10 days prior to filing Lien Statement

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

Claim of Lien

Lien Statement must be filed within 4 months after the day on which the lien claimant last provided labor

Action to foreclose lien and notice of lis pendens must be filed within 6 months after completion of the improvement or furnishing of the last labor or materials

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

MATERIAL SUPPLIER

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

Preliminary

Notice

COLORADO

COLO. REV. STAT.

§§ 38-22-101

et seq.

Claim of Lien

Lien Statement must be filed within 4 months after the day on which the lien claimant last provided labor

Action to foreclose lien and notice of lis pendens must be filed within 6 months after completion of the improvement or furnishing of the last labor or materials

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

PRIME CONTRACTOR

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

Preliminary

Notice

Prime contractor should file affidavit required by Conn. Gen. Stat. § 49-35 within 15 days of commencing work on the project in order to receive all notices required to be served on owner

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

Claim of Lien

Certificate of Mechanics Lien must be recorded within 90 days of the last day work was performed on project

Within same 90 day period, but no later than 30 days after lien is recorded, a copy of lien must be served on all property owners

Action to foreclose mechanics lien must be commenced and lis pendens filed within 1 year after recording lien

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

SUBCONTRACTOR

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

Preliminary

Notice

Notice of Intent to Lien must be given to owner and general contractor within 90 days after work on the project has ceased, but serving lien certificate itself satisfies notice requirement and need not be served prior to recording lien

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

Claim of Lien

Certificate of Mechanics Lien must be recorded within 90 days of the last day work was performed on project

Within same 90 day period, but no later than 30 days after lien is recorded, a copy of lien must be served on all property owners

Action to foreclose mechanics lien must be commenced and lis pendens filed within 1 year after recording lien

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

MATERIAL SUPPLIER

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

Preliminary

Notice

CONNECTICUT

CONN. GEN. STAT. §§ 49-33 et seq.

Claim of Lien

Certificate of Mechanics Lien must be recorded within 90 days of the last day work was performed on project

Within same 90 day period, but no later than 30 days after lien is recorded, a copy of lien must be served on all property owners

Action to foreclose mechanics lien must be commenced and lis pendens filed within 1 year after recording lien

DELAWARE

DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	PRIME CONTRACTOR
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	Preliminary Notice	Contractor must provide list of all persons who have provided labor or materials in connection with the construction within 10 days of request If contractor fails to provide list within 10 days of request, contractor may not avail itself of lien rights, and Owner not required to pay contractor until the list is furnished
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	Claim of Lien	Statement of claim must be filed within 180 days following completion of the structure
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	SUBCONTRACTOR
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	Preliminary Notice	None
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	Claim of Lien	Statement of claim must be filed within 120 days from completion of the labor performed or from the last of the materials furnished by them
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	MATERIAL SUPPLIER
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	Preliminary Notice	None
DELAWARE DEL. CODE ANN. tit. 25, §§ 2701 et seq.	Claim of Lien	Statement of claim must be filed within 120 days from completion of the labor performed or from the last of the materials furnished by them

FLORIDA

FLA. STAT. §§

713.001

et seq.

PRIME CONTRACTOR

FLORIDA

FLA. STAT. §§

713.001

et seq.

Preliminary

Notice

Contractor must provide list of all persons who have provided labor or materials in connection with the construction within 10 days of request

If contractor fails to provide list within 10 days of request, contractor may not avail itself of lien rights to the extent the Owner is prejudiced

FLORIDA

FLA. STAT. §§

713.001

et seq.

Claim of Lien

Contractor must file a claim of lien within 90 days of the last work performed on the job site and serve it on the owner within 15 days after filing

Contractor must execute and deliver to owner a final contractor’s affidavit at least 5 days before instituting a lien foreclosure

Action to foreclose lien must be commenced within 1 year after the claim of lien was filed

If notice of contest of lien is recorded by owner, action must be instituted within 60 days, or if summons to show cause is received, within 20 days

FLORIDA

FLA. STAT. §§

713.001

et seq.

SUBCONTRACTOR

FLORIDA

FLA. STAT. §§

713.001

et seq.

Preliminary

Notice

Claimant must serve the owner with Notice to Owner within earlier of :

(1) 45 days after first commencing to furnish services or materials or within 45 days of commencing to make

“specially fabricated materials” or

(2) Before the date of the owner’s final payment under the owner’s contract with the contractor who furnished the affidavit stating that all lienors under it have been paid

Subcontractors must record lien within 90 days of the last work performed and serve copy on owner within

15 days thereafter

Sub-subcontractor must serve notices on others designated by owner including Notice to Owner filed within the earlier of :

(1) 45 days after first commencing to furnish services or materials; or

(2) before final payment to the subcontractor through whom the sub-subcontractor is working

FLORIDA

FLA. STAT. §§

713.001

et seq.

Claim of Lien

Laborer must file a claim of lien within 90 days of the last work performed on the job site and serve it on the owner within 15 days after filing it

Action to foreclose lien must be commenced within 1 year after the claim of lien was filed

If notice of contest of lien is recorded by owner, action must be instituted within 60 days, or if summons to show cause is received, within 20 days

FLORIDA

FLA. STAT. §§

713.001

et seq.

MATERIAL SUPPLIER

FLORIDA

FLA. STAT. §§

713.001

et seq.

Preliminary

Notice

Materialmen dealing directly with owner must follow the same notice and lien procedures as the prime contractor except no Final contractor’s Affidavit is required before foreclosing a lien

Materialmen dealing directly with Prime Contractor should follow notice and lien procedures of a subcontractor

Materialmen dealing with subcontractor should follow notice and lien procedures for sub-subcontractors

FLORIDA

FLA. STAT. §§

713.001

et seq.

Claim of Lien

Action to foreclose lien must be commenced within 1 year after the claim of lien was filed

If notice of contest of lien is recorded by owner, action must be instituted within 60 days, or if summons to show cause is received, within 20 days

GEORGIA

GEORGIA GA. CODE ANN. §§ 44-14-360 et seq.	PRIME CONTRACTOR
GEORGIA GA. CODE ANN. §§ 44-14-360 et seq.	Preliminary Notice	None
GEORGIA GA. CODE ANN. §§ 44-14-360 et seq.	Claim of Lien	Claimant must record a claim of lien within 90 days after last furnishing materials or labor, and the claimant must be in substantial compliance with its contract The lien must include on the face of the lien the following statement in at least 12 point bold font: “This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.” The lien must include the phrase “which is the last date the labor, services, or materials were supplied to the premises” to explain the last date of labor performed Within 2 business days of recording the lien the claimant must send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the real property (if on file with the Secretary of State’s Corporation Division, the entity’s address or registered agent’s address satisfies the requirement) Claimant must commence an action for recovery of the lien claim within 365 days of filing the lien. If the owner files a notice of contest of lien, then the claimant must commence the lien action within 60 days after receipt of the notice of contest of lien Within 30 days of filing suit claimant must file a sworn notice of commencement of the suit in the property records of the county where the claim of lien is filed
GEORGIA GA. CODE ANN. §§ 44-14-360 et seq.	SUBCONTRACTOR
GEORGIA GA. CODE ANN. §§ 44-14-360 et seq.	Preliminary Notice	If owner complies with Notice of Commencement requirement (which must be filed no later than 15 days after contractor physically commences work), subcontractors and suppliers not in privity with the owner must provide a Notice to Contractor to the owner or agent of the owner and the contractor within 30 days from the filing of the Notice of Commencement, or 30 days following the first delivery of labor, services, or materials to the property, whichever is later
GEORGIA GA. CODE ANN. §§ 44-14-360 et seq.	Claim of Lien	Claimant must record a claim of lien within 90 days after last furnishing materials or labor, and the claimant must be in substantial compliance with its contract The lien must include on the face of the lien the following statement in at least 12 point bold font: “This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.” The lien must include the phrase “which is the last date the labor, services, or materials were supplied to the premises” to explain the last date of labor performed Within 2 business days of recording the lien the claimant must send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the real property (if on file with the Secretary of State’s Corporation Division, the entity’s address or registered agent’s address satisfies the requirement) Claimant must commence an action for recovery of the lien claim within 365 days of filing the lien. If the owner or contractor files a notice of contest of lien, then the claimant must commence the lien action within 60 days after receipt of the notice of contest of lien Within 30 days of filing suit claimant must file a sworn notice of commencement of the suit in the property records of the court where the claim of lien is filed
GEORGIA	MATERIAL SUPPLIER
GEORGIA	Preliminary Notice	If owner complies with Notice of Commencement requirement (which must be filed no later than 15 days after contractor physically commences work), subcontractors and suppliers not in privity with the owner must provide a Notice to Contractor to the owner or agent of the owner and the contractor within 30 days from the filing of the Notice of Commencement, or 30 days following the first delivery of labor, services, or materials to the property, whichever is later
GEORGIA	Claim of Lien	Claimant must record a claim of lien within 90 days after last furnishing materials or labor, and the claimant must be in substantial compliance with its contract The lien must include on the face of the lien the following statement in at least 12 point bold font: “This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period.” The lien must include the phrase “which is the last date the labor, services, or materials were supplied to the premises” to explain the last date of labor performed Within 2 business days of recording the lien the claimant must send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the real property (if on file with the Secretary of State’s Corporation Division, the entity’s address or registered agent’s address satisfies the requirement) Claimant must commence an action for recovery of the lien claim within 365 days of filing the lien. If the owner or contractor files a notice of contest of lien, then the claimant must commence the lien action within 60 days after receipt of the notice of contest of lien Within 30 days of filing suit claimant must file a sworn notice of commencement of the suit in the property records of the court where the claim of lien is filed

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

PRIME CONTRACTOR

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

Preliminary

Notice

None

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

Claim of Lien

Application for a Lien and Notice of Lien must be filed and served on the owner and any person with an interest therein and on parties who contracted for the improvement of the property or any person with an interest therein. The Application and Notice must be filed within 45 days after the date of completion of improvements

Court will hold a hearing to determine if probable cause exists for the lien within 3 to 10 days after service of

Application and Notice

If court finds probable cause for lien, lien will attach to property and action to enforce lien must be brought within

3 months thereafter

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

SUBCONTRACTOR

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

Preliminary

Notice

None

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

Claim of Lien

Court will hold a hearing to determine if probable cause exists for the lien within 3 to 10 days after service of

Application and Notice

If court finds probable cause for lien, lien will attach to property and action to enforce lien must be brought within

3 months thereafter

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

MATERIAL SUPPLIER

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

Preliminary

Notice

None

HAWAII

HAW. REV. STAT.

§§ 507-42

et seq.

Claim of Lien

Court will hold a hearing to determine if probable cause exists for the lien within 3 to 10 days after service of

Application and Notice

If court finds probable cause for lien, lien will attach to property and action to enforce lien must be brought within

3 months thereafter

IDAHO

IDAHO CODE

§§ 45-501

et seq.

PRIME CONTRACTOR

IDAHO

IDAHO CODE

§§ 45-501

et seq.

Preliminary

Notice

None

IDAHO

IDAHO CODE

§§ 45-501

et seq.

Claim of Lien

Claim of lien must be filed with the county recorder for the county in which the property is located within

90 days after the completion or cessation of labor or services or furnishing of materials for any cause

A true and correct copy of the claim of lien must be served on the owner of the property no later than

5 business days following the filing of the claim of lien

Claimant must initiate foreclosure action within 6 months of filing lien; lis pendens should also be filed

IDAHO

IDAHO CODE

§§ 45-501

et seq.

SUBCONTRACTOR

IDAHO

IDAHO CODE

§§ 45-501

et seq.

Preliminary

Notice

None

IDAHO

IDAHO CODE

§§ 45-501

et seq.

Claim of Lien

Claim of lien must be filed with the county recorder for the county in which the property is located within

90 days after the completion or cessation of labor or services or furnishing of materials for any cause

A true and correct copy of the claim of lien must be served on the owner of the property no later than

5 business days following the filing of the claim of lien

Claimant must initiate foreclosure action within 6 months of filing lien; lis pendens should also be filed

IDAHO

IDAHO CODE

§§ 45-501

et seq.

MATERIAL SUPPLIER

IDAHO

IDAHO CODE

§§ 45-501

et seq.

Preliminary

Notice

None

IDAHO

IDAHO CODE

§§ 45-501

et seq.

Claim of Lien

Claim of lien must be filed with the county recorder for the county in which the property is located within

90 days after the completion or cessation of labor or services or furnishing of materials for any cause

A true and correct copy of the claim of lien must be served on the owner of the property no later than

5 business days following the filing of the claim of lien

Claimant must initiate foreclosure action within 6 months of filing lien; lis pendens should also be filed

ILLINOIS

770 ILCS 60/0.01

et seq.

PRIME CONTRACTOR

ILLINOIS

770 ILCS 60/0.01

et seq.

Preliminary

Notice

None

ILLINOIS

770 ILCS 60/0.01

et seq.

Claim of Lien

Verified claim for mechanics lien must be recorded within 4 months after completion of the work to prevail over the owner and third parties; contractor may prevail over the original owner if lien is filed within 2 years after completion

Contractor for improvements to a single family, owner-occupied residence also must give the owner written notice within 10 days after recording a lien against any property of the owner.

An action to enforce the mechanics lien must be filed (and a lis pendens notice) within 2 years after the completion of the work, or within 30 days after the owner (or other interested party) makes a demand against the lien claimant that suit be filed.

ILLINOIS

770 ILCS 60/0.01

et seq.

SUBCONTRACTOR

ILLINOIS

770 ILCS 60/0.01

et seq.

Preliminary

Notice

Subcontractor may at any time after entering into contract serve a written notice of the claim and the amount to become due on the owner or its agent or architect, or superintendent, and the lending agency.

Subcontractor supplying services or materials to a single family, owner-occupied residence must notify the occupant that it is supplying labor or materials within 60 days from the date of first supplying labor or materials.

ILLINOIS

770 ILCS 60/0.01

et seq.

Claim of Lien

Subcontractor must, within 90 days after completion of the work, serve a written notice of the claim on the owner, or the owner’s agent, architect or superintendent, and the lending agency

Verified claim for mechanics lien must be recorded within 4 months after completion of the work to prevail

over the owner and third parties; Subcontractor may prevail over the original owner if lien is filed within 2 years

after completion

An action to enforce the mechanics lien must be filed (and a lis pendens notice) within 2 years after the date of the completion of the work, or within 30 days after the owner (or other interested party) makes a demand against the lien claimant that suit be filed

ILLINOIS

MATERIAL SUPPLIER

ILLINOIS

Preliminary

Notice

Materialman may at any time after entering into contract serve a written notice of the claim and the amount to become due on the owner or its agent or architect, or superintendent, and the lending agency.

Materialman supplying materials to a single family, owner-occupied residence must notify the occupant that it is supplying labor or materials within 60 days from the date of first supplying labor or materials.

ILLINOIS

Claim of Lien

Materialman must, within 90 days after providing the materials, serve a written notice of the claim on the owner or its agent or architect, or superintendent, and the lending agency.

Verified claim for mechanics lien must be recorded within 4 months after completion of the work to prevail over the owner and third parties; materialman may prevail over the original owner if lien is recorded within 2 years after completion.

An action to enforce the mechanics lien must be filed (and a lis pendens notice) within 2 years after the completion of the work, or within 30 days after the owner (or other interested party) makes a demand against the lien claimant that suit be filed.

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

PRIME CONTRACTOR

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

Preliminary

Notice

None, except for special rules for owner-occupied dwellings

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

Claim of Lien

Notice of intent to hold a mechanics lien must be filed within 90 days of last performing labor or furnishing material machinery

Notice of the lien must be mailed to the owner within 3 days of filing

(For residential- see Ind Code § 32-28-3-1 and § 32-28-3-3)

Mechanics lien will be barred unless suit is filed within 1 year after notice of intention to hold lien is filed, except when owner gives notice to file suit within 30 days, suit must be filed within 30 days of receipt of notice

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

SUBCONTRACTOR

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

Preliminary

Notice

None, except for special rules for owner-occupied dwellings

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

Claim of Lien

Notice of intent to hold a mechanics lien must be filed within 90 days of last performing labor or furnishing material machinery

Notice of the lien must be mailed to the owner within 3 days of filing

(For residential- see Ind Code § 32-28-3-1 and § 32-28-3-3)

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

MATERIAL SUPPLIER

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

Preliminary

Notice

None, except for special rules for owner-occupied dwellings

INDIANA

IND. CODE

§§ 32-28-3-1

et seq.

Claim of Lien

Notice of intent to hold a mechanics lien must be filed within 90 days of last performing labor or furnishing material machinery

Notice of the lien must be mailed to the owner within 3 days of filing

(For residential- see Ind Code § 32-28-3-1 and § 32-28-3-3)

IOWA

IOWA CODE §§

572.1

et seq.

PRIME CONTRACTOR

IOWA

IOWA CODE §§

572.1

et seq.

Preliminary

Notice

None

IOWA

IOWA CODE §§

572.1

et seq.

Claim of Lien

Verified Mechanics Lien statement must be filed within 2 years and 90 days of the date on which the last material was furnished or labor performed

(There is a provision for late filed lien statements under the statute at § 572.10 but this limits claimant’s rights)

Action to enforce mechanics lien must be commenced within 2 years from the expiration of the 90-day lien filing period

If lien holder is served with a written demand of the owner or the owner’s agent, the action to enforce the lien must be commenced within 30 days

(Special rules apply to owner occupied dwellings)

IOWA

IOWA CODE §§

572.1

et seq.

SUBCONTRACTOR

IOWA

IOWA CODE §§

572.1

et seq.

Preliminary

Notice

None

IOWA

IOWA CODE §§

572.1

et seq.

Claim of Lien

Verified Mechanics Lien statement must be filed within 2 years and 90 days of the date on which the last material was furnished or labor performed

(There is a provision for late filed lien statements under the statute at § 572.10 but this limits claimant’s rights)

Action to enforce mechanics lien must be commenced within 2 years from the expiration of the 90-day lien filing period

If lien holder is served with a written demand of the owner or the owner’s agent, the action to enforce the lien must be commenced within 30 days

(Special rules apply to owner-occupied dwellings)

IOWA

IOWA CODE §§

572.1

et seq.

MATERIAL SUPPLIER

IOWA

IOWA CODE §§

572.1

et seq.

Preliminary

Notice

Materialman providing materials to subcontractor must notify prime contractor that it is providing materials within

30 days of first furnishing such materials

IOWA

IOWA CODE §§

572.1

et seq.

Claim of Lien

Verified Mechanics Lien statement must be filed within 2 years and 90 days of the date on which the last material was furnished or labor performed

(There is a provision for late filed lien statements under the statute at § 572.10 but this limits claimant’s rights)

Action to enforce mechanics lien must be commenced within 2 years from the expiration of the 90-day lien filing period

If lien holder is served with a written demand of the owner or the owner’s agent, the action to enforce the lien must be commenced within 30 days

(Special rules apply to owner-occupied dwellings)

KANSAS

KANSAS KAN. STAT. ANN. §§ 60-1101 et seq.	PRIME CONTRACTOR
KANSAS KAN. STAT. ANN. §§ 60-1101 et seq.	Preliminary Notice	None
KANSAS KAN. STAT. ANN. §§ 60-1101 et seq.	Claim of Lien	Verified lien statement must be filed within 4 months of the date materials, equipment, or supplies were last used or consumed or labor was last performed (with opportunity to extend to within 5 months for non-residential property upon filing notice of extension within 4 month period); statement must be served on owner An action to foreclose a mechanics lien must be brought within 1 year from the filing of the lien statement or 1 year from the maturity date of a promissory note attached to the lien statement in lieu of an itemized statement
KANSAS KAN. STAT. ANN. §§ 60-1101 et seq.	SUBCONTRACTOR
KANSAS KAN. STAT. ANN. §§ 60-1101 et seq.	Preliminary Notice	None
KANSAS KAN. STAT. ANN. §§ 60-1101 et seq.	Claim of Lien	Verified lien statement must be filed within 3 months of the date materials, equipment, or supplies were last used or consumed or labor was last performed (with opportunity to extend to within 5 months for non-residential property upon filing notice of extension within 3 month period); statement must be served on owner. An action to foreclose a mechanics lien must be brought within 1 year from the filing of the lien statement or 1 year from the maturity date of a promissory note attached to the lien statement in lieu of an itemized statement
KANSAS	MATERIAL SUPPLIER
KANSAS	Preliminary Notice	None
KANSAS	Claim of Lien	Verified lien statement must be filed within 3 months of the date materials, equipment, or supplies were last used or consumed or labor was last performed (with opportunity to extend to within 5 months for non-residential property upon filing notice of extension within 3 month period); statement must be served on owner. An action to foreclose a mechanics lien must be brought within 1 year from the filing of the lien statement or 1 year from the maturity date of a promissory note attached to the lien statement in lieu of an itemized statement

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

PRIME CONTRACTOR

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

Preliminary

Notice

None

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

Claim of Lien

Statement of Lien must be filed within 6 months after the last furnishing of labor or material

Notice to owner must be given within 7 days of filing Statement of Lien

Action to enforce the lien must be brought within 12 months from the day the Statement of Lien was filed with clerk

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

SUBCONTRACTOR

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

Preliminary

Notice

None

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

Claim of Lien

Statement of Lien must be filed within 6 months after the last furnishing of labor or material

Notice to owner must be given within 7 days of filing Statement of Lien

Notice to Owner must be given within 75 days of last furnishing labor or material if the contract is for $1000 or less; and within 120 days of last furnishing labor or material if contract exceeds $1000 (different rules for owner-occupied dwellings)

Action to enforce the lien must be brought within 12 months from the day the Statement of Lien was filed with clerk

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

MATERIAL SUPPLIER

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

Preliminary

Notice

None

KENTUCKY

KY. REV. STAT. ANN. §§ 376.010 et seq.

Claim of Lien

Statement of Lien must be filed within 6 months after the last furnishing of labor or material

Notice to owner must be given within 7 days of filing Statement of Lien

Action to enforce the lien must be brought within 12 months from the day the Statement of Lien was filed with clerk

LOUISIANA

LOUISIANA LA. REV. STAT. ANN. §§ 9:4801 et seq.	PRIME CONTRACTOR
LOUISIANA LA. REV. STAT. ANN. §§ 9:4801 et seq.	Preliminary Notice	Written notice of the contract must be filed before the work begins for contracts for more than $25,000 (signed by owner and contractor)
LOUISIANA LA. REV. STAT. ANN. §§ 9:4801 et seq.	Claim of Lien	If Contract is over $25,000 and notice of contract has been filed: statement of claim must be timely filed within 60 days after owner files a notice of termination Contract under $25,000 and no notice of contract timely filed: statement of claim must be filed within 60 days of: (1) the filing of a notice of termination; or (2) if no notice of termination is filed, the substantial completion or abandonment of the work Contract over $25,000 and no notice of contract: no available lien claim Action (and notice of lis pendens) must be commenced within 1 year after the expiration of the 60 day period
LOUISIANA	SUBCONTRACTOR
LOUISIANA	Preliminary Notice	Written notice of the contract should be filed by prime contractor before the work begins
LOUISIANA	Claim of Lien	If contract is over $25,000 and notice of contract has been timely filed: statement of claim must be filed within 30 days after owner and contractor sign and file a notice of acceptance No notice of contract filed: statement of claim must be filed within 60 days of (1) the filing of a notice of termination, or (2) if no notice of termination is filed, the substantial completion or abandonment of the work Action (and notice of lis pendens) must be commenced within one year after the expiration of the 30 or 60 day period
LOUISIANA	MATERIAL SUPPLIER
LOUISIANA	Preliminary Notice	Written notice of the contract should be filed by the prime contractor before the work begins If notice of contract is recorded, supplier must give notice of nonpayment to the owner and prime contractor within the earlier of (1) the end of the 30 or 60 day period or (2) 75 days from last day of the month in which material was provided
LOUISIANA	Claim of Lien	If contract over $25,000 and notice of contract has been timely filed: statement of claim must be filed within 30 days after owner and contractor sign and file a notice of acceptance No notice of contract filed: statement of claim must be filed within 60 days of (1) the filing of a notice of termination, or (2) if no notice of termination is filed, the substantial completion or abandonment of the work Action (and notice of lis pendens) must be commenced within one year after the expiration of the 30 or 60 day period

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

PRIME CONTRACTOR

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

Preliminary

Notice

None

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

Claim of Lien

Action must be commenced within 120 days after the last of the labor or services are performed or labor, material or services are so furnished

Lis pendens should be filed within 60 days from the filing of the complaint.

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

SUBCONTRACTOR

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

Preliminary

Notice

None

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

Claim of Lien

Lien claim statement must be filed, and a copy thereof sent to the Owner, within 90 days after ceasing labor, furnishing material or performing services

Civil action must be filed within 120 days after the last labor, material or services are provided

Lis pendens should be filed within 60 days from the filing of the complaint.

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

MATERIAL SUPPLIER

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

Preliminary

Notice

None

MAINE

ME. REV. STAT. ANN. tit. 10,

§§ 3251

et seq.

Claim of Lien

Lien claim statement must be filed, and a copy thereof sent to the Owner, within 90 days after ceasing labor, furnishing material or performing services

Civil action must be filed within 120 days after the last labor, material or services are provided

Lis pendens should be filed within 60 days from the filing of the complaint

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

PRIME CONTRACTOR

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

Preliminary

Notice

None

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

Claim of Lien

Petition to Establish a Mechanics Lien must be instituted within 180 days after the work has been finished or the material furnished

Petition to enforce lien must be filed within 1 year after the date upon which the Petition to Establish Lien was filed

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

SUBCONTRACTOR

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

Preliminary

Notice

None

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

Claim of Lien

Notice of lien claim must be served on the owner within 120 days after claimant has performed the last work or furnished the last of its materials

Petition to Establish a Mechanics Lien must be instituted within 180 days after the work has been finished or the material furnished

Petition to enforce lien must be filed within 1 year after the date upon which the Petition to Establish Lien was filed

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

MATERIAL SUPPLIER

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

Preliminary

Notice

None

MARYLAND

MD. CODE ANN., REAL PROP.

§§ 9-101

et seq.

Claim of Lien

Notice of lien claim must be served on the owner within 120 days after claimant has performed the last work or furnished the last of its materials

Petition to Establish a Mechanics Lien must be instituted within 180 days after the work has been finished or the material furnished

Petition to enforce lien must be filed within 1 year after the date upon which the Petition to Establish Lien was filed

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

PRIME CONTRACTOR

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

Preliminary

Notice

Notice of contract, in substantially the same form as set forth in section 2, must be filed or recorded in the registry of deeds in the county or registry district where the land lies any time after execution of the written contract but no later than the earliest of: (1) 60 days after filing or recording of the notice of substantial completion under section 2A; (2) 90 days after the filing or recording of the notice of termination under section

2B; or (3) 90 days after the last furnishing of labor and/or materials for the project

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

Claim of Lien

A section 8 statement of account setting forth a just and true account of the amount due, minus all just credits, along with the name of the owner and a description of the property must be filed or recorded in the registry of deeds in the county or district where the land lies no later than the earliest of: (1) 90 days after filing or recording of the notice of substantial completion under section 2A; (2) 120 days after the filing or recording of a notice

of termination under section 2B; or (3) 120 days after the last day a person, entitled to enforce a lien furnished labor and/or materials or rental equipment, appliances or tools for the project

A verified complaint to enforce the lien must be filed in the superior court for the county where the land lies or in the district court where such land lies within 90 days after the filing of the statement of account or the lien will be dissolved. An attested to copy of the complaint must be recorded in the land records for the county where the property is located within 30 days after the complaint is filed in court

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

SUBCONTRACTOR

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

Preliminary

Notice

Subcontractors and suppliers must file a notice of contract in substantially the same form as set forth in section

4. Section 4 notice of contract must be filed or recorded in the registry of deeds in the county or district where the land lies at any time after execution of the written contract but no later than the earliest of: (1) 60 days

after filing or recording of the notice of substantial completion under Section 2A; (2) 90 days after the filing or recording of the notice of termination under section 2B; or (3) 90 days after the last furnishing of labor and/or materials for the project (actual notice of the filing of the notice of contract must be given to the owner of the real property) (form of notice is more detailed than that required for prime contractor)

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

Claim of Lien

of termination under section 2B; or (3) 120 days after the last day a person, entitled to enforce a lien furnished labor and/or materials or rental equipment, appliances or tools for the project

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

MATERIAL SUPPLIER

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

Preliminary

Notice

To avoid significant limitations on the amounts of their liens, lower tier subcontractors and suppliers, or subcontractors or suppliers with no direct contractual relationship with the prime contractor, must provide a notice of identification to the prime contractor within 30 days of commencing their work.

Subcontractors and suppliers must file a notice of contract in substantially the same form as set forth in section

MASSACHUSETTS

MASS. GEN. LAWS

ch. 254, §§ 1

et seq.

Claim of Lien

of termination under section 2B; or (3) 120 days after the last day a person, entitled to enforce a lien furnished labor and/or materials or rental equipment, appliances or tools for the project

* Effective July 1, 2011, recent amendments to the Mechanic’s Lien Law (for the first time) extend this statutory remedy to architects, landscape architects, professional engineers, licensed site professionals and land surveyors that are licensed or registered in the Commonwealth*

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

PRIME CONTRACTOR

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

Preliminary

Notice

Contractor must provide sworn statement listing its subcontractors and suppliers, type of improvement each provided, all unpaid laborers, the amounts paid and owing to each party listed (must be provided to owner upon demand or upon payment request; list must be provided or subsequent liens cannot be filed to enforce lien and payment by owner on contract not required)

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

Claim of Lien

Claim of lien must be filed within 90 days of last furnishing labor or material for improvement

Claim of lien must be served on owner’s designee within 15 days after recording lien

Action to enforce lien must be brought within 1 year from recording the claim of lien; must also record notice of lis pendens

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

SUBCONTRACTOR

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

Preliminary

Notice

Notice of furnishing must be provided by subcontractor or supplier to owner and prime contractor within

20 days after furnishing the first labor or material, while laborer has 30 days after wages were contractually due but not paid to serve notice, or by 5th day of the 2nd month following the month in which fringe benefits or withholdings from wages were contractually due but not paid

Subcontractor must provide sworn statement listing its subcontractors and suppliers, type of improvement each provided, all unpaid laborers, the amounts paid and owing to each party listed (must be provided to owner upon demand or upon payment request; list must be provided or subsequent liens cannot be filed to enforce lien and payment by owner on contract not required)

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

Claim of Lien

Claim of lien must be filed within 90 days of last furnishing labor or material for improvement

Claim of lien must be served on owner’s designee within 15 days after recording lien

Action to enforce lien must be brought within 1 year from recording the claim of lien; must also record notice of lis pendens

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

MATERIAL SUPPLIER

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

Preliminary

Notice

Notice of furnishing must be provided by subcontractor or supplier to owner and prime contractor within

20 days after furnishing the first labor or material

MICHIGAN

M.C.L.A.

§§ 570.1101

et seq.

Claim of Lien

Claim of lien must be filed within 90 days of last furnishing labor or material for improvement

Claim of lien must be served on owner’s designee within 15 days after recording lien

Action to enforce lien must be brought within 1 year from recording the claim of lien; must also record notice of lis pendens

MINNESOTA

MINNESOTA MINN. STAT. §§ 514.01 et seq.	PRIME CONTRACTOR
MINNESOTA MINN. STAT. §§ 514.01 et seq.	Preliminary Notice	Very complicated pre-lien notice required to be included in the contract or, if no written contract, served on owner within 10 days after the work or improvement is agreed upon if construction on non-commercial building or commercial building of 5000 square feet or less (see Minn. Stat. § 514.011 for specifics)
MINNESOTA MINN. STAT. §§ 514.01 et seq.	Claim of Lien	Mechanics lien statement must be filed and served on the owner and owner’s agent within 120 days of last furnishing labor or material for improvement Action to foreclose lien must be filed within 1 year of last furnishing labor, skill or material for improvement; lis pendens should also be filed
MINNESOTA MINN. STAT. §§ 514.01 et seq.	SUBCONTRACTOR
MINNESOTA MINN. STAT. §§ 514.01 et seq.	Preliminary Notice	Very complicated pre-lien notice required; notice to owner should be provided immediately but must be served within 45 days of first providing labor, skill or material if construction on non-commercial building or commercial building of 5000 square feet or less (see Minn. Stat. § 514.011 for specifics)
MINNESOTA MINN. STAT. §§ 514.01 et seq.	Claim of Lien	Mechanics lien statement must be filed and served on the owner, owner’s agent and prime contractor within 120 days of last furnishing labor or material for improvement Action to foreclose lien must be filed within 1 year of last furnishing labor, skill or material for improvement; lis pendens should also be filed
MINNESOTA	MATERIAL SUPPLIER
MINNESOTA	Preliminary Notice	Very complicated pre-lien notice required; notice to owner should be provided immediately but must be served within 45 days of first providing labor, skill or material if construction on non-commercial building or commercial building of 5000 square feet or less (see Minn. Stat. § 514.011 for specifics)
MINNESOTA	Claim of Lien	Mechanics lien statement must be filed and served on the owner, owner’s agent and the person with whom the supplier contracted within 120 days of last furnishing labor or material for improvement Action to foreclose lien must be filed within 1 year of last furnishing labor, skill or material for improvement; lis pendens should also be filed

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

PRIME CONTRACTOR

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

Preliminary

Notice

None

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

Claim of Lien

Lawsuit to enforce the lien must be filed within 12 months of the date when the indebtedness secured by the lien became due and payable to the lienor

Liens are not effective until a notation is made in the Notice of Construction Liens book in the office of the chancery clerk; Notice of lis pendens should also be filed

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

SUBCONTRACTOR

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

Preliminary

Notice

None

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

Claim of Lien

Lawsuit to enforce the lien must be filed within 12 months of the date when the indebtedness secured by the lien became due and payable to the lienor

Liens are not effective until a notation is made in the Notice of Construction Liens book in the office of the chancery clerk; Notice of lis pendens should also be filed.

Only subcontractors with a direct contractual relationship with the owner have lien rights in Mississippi. Lien protection has recently been expanded to include rental and lease equipment suppliers

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

MATERIAL SUPPLIER

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

Preliminary

Notice

None

MISSISSIPPI

MISS. CODE ANN.

§§ 85-7-131

et seq.

Claim of Lien

Lawsuit to enforce the lien must be filed within 12 months of the date when the indebtedness secured by the lien became due and payable to the lienor

Liens are not effective until a notation is made in the Notice of Construction Liens book in the office of the chancery clerk; Notice of lis pendens should also be filed.

Only material suppliers with a direct contractual relationship with the owner have lien rights in Mississippi. Lien protection has recently been expanded to include rental and lease equipment suppliers

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

PRIME CONTRACTOR

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

Preliminary

Notice

Disclosure notice with specific statutory language required to be served on owner prior to first payment

(Special rules apply to owner-occupied residential property)

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

Claim of Lien

Lien statement must be filed within 6 months after the indebtedness has accrued

Suit to foreclose mechanics lien must be commenced within 6 months after the filing of the statement

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

SUBCONTRACTOR

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

Preliminary

Notice

Notice must be given to the owner at least 10 days prior to filing a lien statement

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

Claim of Lien

Lien statement must be filed within 6 months after the indebtedness has accrued

Suit to foreclose mechanics lien must be commenced within 6 months after the filing of the statement

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

MATERIAL SUPPLIER

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

Preliminary

Notice

Notice must be given to the owner at least 10 days prior to filing a lien statement

MISSOURI

MO. REV. STAT.

§§ 429.010

et seq.

Claim of Lien

Lien statement must be filed within 6 months after the indebtedness has accrued

Suit to foreclose mechanics lien must be commenced within 6 months after the filing of the statement

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

PRIME CONTRACTOR

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

Preliminary

Notice

Notice of right to claim lien must be served on the owner no later than 20 days after first provision of services or materials to the contracting owner and same must be filed with the clerk and recorder for the county where property is located within 5 business days of notice to the owner (prime contractor may fall within statutory exception for notice-see Mont. Code Ann. § 71-3-531)

Prime contractor must provide property description and name and address of owner within 5 business days to subcontractor or material supplier upon request

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

Claim of Lien

Lien must be filed not later than 90 days after the last provision of services or materials to the project

(or the owner files a notice of completion) and notice of the lien must be served on the owner of the property

(see Mont. Code Ann. § 71-3-534 for time restrictions)

Actions to foreclose on a lien must be brought within 2 years from the date of filing the lien

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

SUBCONTRACTOR

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

Preliminary

Notice

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

Claim of Lien

Lien must be filed not later than 90 days after the last provision of services or materials to the project

(or the owner files a notice of completion) and notice of the lien must be served on the owner of the property

(see Mont. Code Ann. § 71-3-534 for time restrictions)

Actions to foreclose on a lien must be brought within 2 years from the date of filing the lien

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

MATERIAL SUPPLIER

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

Preliminary

Notice

MONTANA

MONT. CODE ANN. §§ 71-3-521 et seq.

Claim of Lien

Lien must be filed not later than 90 days after the last provision of services or materials to the project

(or the owner files a notice of completion) and notice of the lien must be served on the owner of the property

(see Mont. Code Ann. § 71-3-534 for time restrictions)

Actions to foreclose on a lien must be brought within 2 years from the date of filing the lien

NEBRASKA

NEBRASKA NEB. REV. STAT. §§ 52-125 et seq.	PRIME CONTRACTOR
NEBRASKA NEB. REV. STAT. §§ 52-125 et seq.	Preliminary Notice	No mandatory notice requirements
NEBRASKA NEB. REV. STAT. §§ 52-125 et seq.	Claim of Lien	Lien must be recorded no later than 120 days after final furnishing of services or materials and claimant must send the owner a copy thereof within 10 days of recording Claimant must serve Owner with a copy of the recorded lien within 10 days after recording the lien Lien is enforceable for 2 years after the date of recording If a demand upon claimant to institute legal proceedings is given and recorded by the owner, claimant must commence legal action within 30 days after receipt of same or record an affidavit that the total contract price is not yet due
NEBRASKA NEB. REV. STAT. §§ 52-125 et seq.	SUBCONTRACTOR
NEBRASKA NEB. REV. STAT. §§ 52-125 et seq.	Preliminary Notice	No mandatory notice requirements
NEBRASKA NEB. REV. STAT. §§ 52-125 et seq.	Claim of Lien	Lien must be recorded no later than 120 days after final furnishing of services or materials and claimant must send the owner a copy thereof within 10 days of recording Claimant must serve Owner with a copy of the recorded lien within 10 days after recording the lien Lien is enforceable for 2 years after the date of recording If a demand upon claimant to institute legal proceedings is given and recorded by the owner, claimant must commence legal action within 30 days after receipt of same or record an affidavit that the total contract price is not yet due
NEBRASKA	MATERIAL SUPPLIER
NEBRASKA	Preliminary Notice	No mandatory notice requirements
NEBRASKA	Claim of Lien	Lien must be recorded no later than 120 days after final furnishing of services or materials and claimant must send the owner a copy thereof within 10 days of recording Claimant must serve Owner with a copy of the recorded lien within 10 days after recording the lien Lien is enforceable for 2 years after the date of recording If a demand upon claimant to institute legal proceedings is given and recorded by the owner, claimant must commence legal action within 30 days after receipt of same or record an affidavit that the total contract price is not yet due

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

PRIME CONTRACTOR

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

Preliminary

Notice

None

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

Claim of Lien

Notice of claim of lien must be recorded within 90 days of the later of (a) last provision of materials or labor or

(b) completion of the work of improvement

If notice of completion is recorded by owner (may be recorded at any time after completion) the lien must be recorded within 40 days of recording the notice

Claim of lien, once filed, must be served on owner within 30 days of recording the lien

Suit to foreclose the lien must be filed after 30 days have elapsed since the recording of the lien but before the lapse of 6 months of recording the lien

Lis pendens shall also be filed contemporaneously with the lawsuit, served on other lienholders, and notice of suit must be published in a newspaper once a week for three successive weeks

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

SUBCONTRACTOR

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

Preliminary

Notice

Notice to owner, with a copy to the prime contractor, of materials supplied or work or services performed must be served on the owner anytime after the first delivery of material or performance of the work or services. Any notice served after 31 days of first supplying work or services limits recovery to work or services performed in the 31 days before notice was given through completion of the project

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

Claim of Lien

Notice of claim of lien must be recorded within 90 days of the later of (a) last provision of materials or labor or

(b) completion of the work of improvement

If notice of completion is recorded by owner (may be recorded at any time after completion) the lien must be recorded within 40 days of recording the notice

Claim of lien, once filed, must be served on owner within 30 days of recording the lien

Suit to foreclose the lien must be filed after 30 days have elapsed since the recording of the lien but before the lapse of 6 months of recording the lien

Lis pendens shall also be filed contemporaneously with the lawsuit, served on other lienholders, and notice of suit must be published in a newspaper once a week for three successive weeks

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

MATERIAL SUPPLIER

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

Preliminary

Notice

NEVADA

NEV. REV. STAT.

§§ 108.221

et seq.

Claim of Lien

Notice of claim of lien must be recorded within 90 days of the later of (a) last provision of materials or labor or

(b) completion of the work of improvement

If notice of completion is recorded by owner (may be recorded at any time after completion) the lien must be recorded within 40 days of recording the notice

Claim of lien, once filed, must be served on owner within 30 days of recording the lien

Suit to foreclose the lien must be filed after 30 days have elapsed since the recording of the lien but before the lapse of 6 months of recording the lien

Lis pendens shall also be filed contemporaneously with the lawsuit, served on other lienholders, and notice of suit must be published in a newspaper once a week for three successive weeks

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

PRIME CONTRACTOR

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

Preliminary

Notice

None

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

Claim of Lien

Lien created by statute must be perfected by complex writ system within 120 days of last provision of labor or materials

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

SUBCONTRACTOR

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

Preliminary

Notice

For maximum lien rights, notice of right to claim lien must be served on owner prior to the provision of materials or labor

For maximum lien rights, an account of labor and materials provided must be served on owner every 30 days

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

Claim of Lien

Lien created by statute must be perfected by complex writ system within 120 days of last provision of labor or materials

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

MATERIAL SUPPLIER

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

Preliminary

Notice

For maximum lien rights, notice of right to claim lien must be served on owner prior to the provision of materials or labor

For maximum lien rights, an account of labor and materials provided must be served on owner every 30 days

NEW HAMPSHIRE

N.H. REV. STAT. ANN. §§ 447:1

et seq.

Claim of Lien

Lien created by statute must be perfected by complex writ system within 120 days of last provision of labor or materials

NEW JERSEY

NEW JERSEY N.J. STAT. ANN. §§ 2A:44A-1 et seq.	PRIME CONTRACTOR
NEW JERSEY N.J. STAT. ANN. §§ 2A:44A-1 et seq.	Preliminary Notice	None on commercial jobs; although the filing of a Notice of Unpaid Balance and Right to file Lien is recommended to preserve priority. As a condition precedent to the filing of a lien arising under a residential construction contract, a lien claimant shall first lodge for record a Notice of Unpaid Balance and Right to File Lien within 60 days following the last date that work, services, material or equipment were provided for which payment is claimed. The Notice of Unpaid Balance and Right to File Lien must be served on owner within 10 calendar days following its lodging for record. Unless the parties otherwise agreed in writing to an alternative dispute resolution mechanism, within 10 days from the date the Notice of Unpaid Balance and Right to File Lien is lodged for record, the lien claimant shall also file and serve a demand for arbitration in compliance with §2A:44A-21. If required in a contract or upon written request from an owner, the contractor shall within 10 days provide the owner with a verified list of subcontractors and suppliers.
NEW JERSEY N.J. STAT. ANN. §§ 2A:44A-1 et seq.	Claim of Lien	For non-residential construction projects, lien claim must be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. For residential construction (which can include condominiums, housing cooperatives and mixed-use developments), lien claim must be lodged for record (as required by 2A:44A-21(b)(8)), not later than 10 days after receipt by the claimant of the arbitrator’s determination, and within 120 days following the date the last work, services, material or equipment was provided for which payment is claimed. Lien must be served on owner and contractor within 10 calendar days following lodging for record of a lien claim. Action must be commenced: (1) within 1 year of the date of the last provision of work, services, materials, or equipment, payment for which the lien claim was filed; or (2) within 30 days following receipt of written notice from the owner, community association, contractor or subcontractor against whose account a lien claim is filed, requiring the claimant to commence an action to enforce the lien claim. A notice of lis pendens must also be filed.
NEW JERSEY	SUBCONTRACTOR
NEW JERSEY	Preliminary Notice	None on commercial jobs; although the filing of a Notice of Unpaid Balance and Right to file Lien is recommended to preserve priority. As a condition precedent to the filing of a lien arising under a residential construction contract, a lien claimant shall first lodge for record a Notice of Unpaid Balance and Right to File Lien within 60 days following the last date that work, services, material or equipment were provided for which payment is claimed. The Notice of Unpaid Balance and Right to File Lien must be served on owner and contractor within 10 calendar days following its lodging for record. Unless the parties otherwise agreed in writing to an alternative dispute resolution mechanism, within 10 days from the date the Notice of Unpaid Balance and Right to File Lien is lodged for record, the lien claimant shall also file and serve a demand for arbitration in compliance with §2A:44A-21. If required in a contract or upon written request from the contractor, the subcontractor shall within 10 days provide the contractor with a verified list of subcontractors and suppliers.
NEW JERSEY	Claim of Lien	For non-residential construction projects, lien claim must be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. For residential construction (which can include condominiums, housing cooperatives and mixed-use developments), lien claim must be lodged for record (as required by 2A:44A-21(b)(8)), not later than 10 days after receipt by the claimant of the arbitrator’s determination, and within 120 days following the date the last work, services, material or equipment was provided for which payment is claimed. Lien must be served on owner and contractor within 10 calendar days following lodging for record of a lien claim. Action must be commenced: (1) within 1 year of the date of the last provision of work, services, materials, or equipment, payment for which the lien claim was filed; or (2) within 30 days following receipt of written notice from the owner, community association, contractor or subcontractor against whose account a lien claim is filed, requiring the claimant to commence an action to enforce the lien claim. A notice of lis pendens must also be filed.
NEW JERSEY	MATERIAL SUPPLIER
NEW JERSEY	Preliminary Notice	None on commercial jobs; although the filing of a Notice of Unpaid Balance and Right to file Lien is recommended to preserve priority. As a condition precedent to the filing of a lien arising under a residential construction contract, a lien claimant shall first lodge for record a Notice of Unpaid Balance and Right to File Lien within 60 days following the last date that work, services, material or equipment were provided for which payment is claimed. The Notice of Unpaid Balance and Right to File Lien must be served on owner, contractor and person with whom the supplier has contracted within 10 calendar days following its lodging for record. Unless the parties otherwise agreed in writing to an alternative dispute resolution mechanism, within 10 days from the date the Notice of Unpaid Balance and Right to File Lien is lodged for record, the lien claimant shall also file and serve a demand for arbitration in compliance with §2A:44A-21. If required in a contract or upon written request from the contractor, the subcontractor shall within 10 days provide the contractor with a verified list of subcontractors and suppliers.
NEW JERSEY	Claim of Lien	For non-residential construction projects, lien claim must be lodged for record within 90 days following the date the last work, services, material or equipment was provided for which payment is claimed. For residential construction (which can include condominiums, housing cooperatives and mixed-use developments), lien claim must be lodged for record (as required by 2A:44A-21(b)(8)), not later than 10 days after receipt by the claimant of the arbitrator’s determination, and within 120 days following the date the last work, services, material or equipment was provided for which payment is claimed. Lien must be served on owner, contractor and person with whom the supplier has contracted within 10 calendar days following lodging for record of a lien claim. Action must be commenced: (1) within 1 year of the date of the last provision of work, services, materials, or equipment, payment for which the lien claim was filed; or (2) within 30 days following receipt of written notice from the owner, community association, contractor or subcontractor against whose account a lien claim is filed, requiring the claimant to commence an action to enforce the lien claim. A notice of lis pendens must also be filed.

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

PRIME CONTRACTOR

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

Preliminary

Notice

None

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

Claim of Lien

Claim of lien must be filed within 120 days after the completion of the contract.

Action to enforce lien must be filed within 2 years after filing of the lien

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

SUBCONTRACTOR

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

Preliminary

Notice

Within 60 days of initially providing work or materials to the project if lien for over $5,000 (different notice

rules apply to residential projects), sub-subcontractor must provide notice of intent to claim a lien in the event of nonpayment

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

Claim of Lien

Claim of lien must be filed within 90 days after substantial completion of the project

Action to enforce lien must be filed within 2 years after filing of the lien

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

MATERIAL SUPPLIER

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

Preliminary

Notice

Within 60 days of initially providing work or materials to the project if lien for over $5,000 (different notice rules apply to residential projects), material supplier to subcontractor must provide notice of intent claim a lien in the event of nonpayment

NEW MEXICO

N.M. STAT. ANN.

§§ 48-2-1

et seq.

Claim of Lien

Claim of lien must be filed within 90 days after substantial completion of the project

Action to enforce lien must be filed within 2 years after filing of the lien

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

PRIME CONTRACTOR

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

Preliminary

Notice

Notice of lien must be served on owner within 5 days before or 30 days after filing notice of lien with County

Clerk and proof of service must be filed with clerk within 35 days after notice was filed

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

Claim of Lien

Lien may be filed within 8 months after the last work or materials provided by claimant

Foreclosure action must be instituted within 1 year after filing lien; notice of pendency should be filed and served within 30 days after filing

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

SUBCONTRACTOR

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

Preliminary

Notice

Notice of lien must be served on owner and prime contractor within 5 days before or 30 days after filing notice of lien with County Clerk and proof of service must be filed with clerk within 35 days after notice was filed

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

Claim of Lien

Lien may be filed within 8 months after the last work or materials provided by claimant

Foreclosure action must be instituted within 1 year after filing lien and notice of pendency should be filed and served within 30 days before service of summons

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

MATERIAL SUPPLIER

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

Preliminary

Notice

Notice of lien must be served on owner, the prime contractor and whomever supplier contracted with within 5 days before or 30 days after filing notice of lien with County Clerk and proof of service must be filed with clerk within 35 days after notice was filed

NEW YORK

N.Y. LIEN LAW

§§ 1 et seq.

Claim of Lien

Lien may be filed within 8 months after the last work or materials provided by claimant

Foreclosure action must be instituted within 1 year after filing lien; notice of pendency should be filed and served within 30 days after filing

NORTH CAROLINA

NORTH CAROLINA N.C. GEN. STAT. §§ 44A-7 et seq.	PRIME CONTRACTOR
NORTH CAROLINA N.C. GEN. STAT. §§ 44A-7 et seq.	Preliminary Notice	None required to protect prime contractor’s lien rights A Notice of Contract should be filed with clerk of superior court within 30 days following issuance of the building permit and posted on the job site to limit lien rights of lower tier subcontractors
NORTH CAROLINA N.C. GEN. STAT. §§ 44A-7 et seq.	Claim of Lien	Claim of lien on real property must be filed no later than 120 days after the last furnishing of labor or materials by the lien claimant. Action to enforce the lien must be commenced no later than 180 days after the last furnishing of labor or materials at the site of improvement by the lien claimant; notice of pendency should also be filed.
NORTH CAROLINA cont’d.	SUBCONTRACTOR
NORTH CAROLINA cont’d.	Preliminary Notice	If a notice of contract is filed by the prime contractor, then subcontractor must file a notice of subcontract
NORTH CAROLINA cont’d.	Claim of Lien	Notice of claim of lien upon funds (lien on funds owed to entity above it) must be served on the obligor. There are no time requirements for enforcing such a lien in the lien statute Action must be brought against the debtor to enforce the lien Lien on real property: Claim of lien must be filed no later than 120 days after the last furnishing of labor or materials by the lien claimant. Action to enforce the lien must be commenced no later than 180 days after the last furnishing of labor or materials at the site of improvement by the lien claimant; notice of pendency should also be filed
NORTH CAROLINA cont’d.	MATERIAL SUPPLIER
NORTH CAROLINA cont’d.	Preliminary Notice	If a notice of contract is filed by the prime contractor, then subcontractor must file a notice of subcontract
NORTH CAROLINA cont’d.	Claim of Lien	Notice of claim of lien upon funds (lien on funds owed to entity above it) must be served on the obligor. There are no time requirements for enforcing such a lien in the lien statute Action must be brought against the debtor to enforce the lien Lien on real property: Claim of lien must be filed no later than 120 days after the last furnishing of labor or materials by the lien claimant. Action to enforce the lien must be commenced no later than 180 days after the last furnishing of labor or materials at the site of improvement by the lien claimant; notice of pendency should also be filed.

NORTH DAKOTA

N.D. CENT. CODE

§§ 35-27-01

et seq.

PRIME CONTRACTOR

NORTH DAKOTA

N.D. CENT. CODE

§§ 35-27-01

et seq.

Preliminary

Notice

Notice to owner that a lien will be claimed must be given by certified mail at least 10 days before the recording of the construction lien.

NORTH DAKOTA

N.D. CENT. CODE

§§ 35-27-01

et seq.

Claim of Lien

Lien must be filed with the recorder of the county and served on the owner within 90 days after the claimant’s contribution of goods, materials, or services is completed

A lien may not be filed more than 3 years after the date of the first item of material is furnished.

Notice of intent to enforce lien must be served by registered mail on owner at least 20 days before the action is commenced or 10 days before if owner is personally served.

Action to enforce lien must be commenced within 3 years after the date of the recording of the lien.

Upon written notice by the owner or contractor, suit must be commenced within 30 days thereafter

NORTH DAKOTA

N.D. CENT. CODE

§§ 35-27-01

et seq.

SUBCONTRACTOR

NORTH DAKOTA

N.D. CENT. CODE

§§ 35-27-01

et seq.

Preliminary

Notice

Notice to owner that a lien will be claimed must be given by certified mail at least 10 days before the recording of the construction lien.

NORTH DAKOTA

N.D. CENT. CODE

§§ 35-27-01

et seq.

Claim of Lien

Lien must be filed with the recorder of the county and served on the owner within 90 days after the claimant’s contribution of goods, materials, or services is completed

A lien may not be filed more than 3 years after the date of the first item of material is furnished.

Notice of intent to enforce lien must be served by registered mail on owner at least 20 days before the action is commenced or 10 days before if owner is personally served.

Action to enforce lien must be commenced within 3 years after the date of the recording of the lien.

Upon written notice by the owner or contractor, suit must be commenced within 30 days thereafter

NORTH DAKOTA

MATERIAL SUPPLIER

NORTH DAKOTA

Preliminary

Notice

Notice to owner that a lien will be claimed must be given by certified mail at least 10 days before the recording of the construction lien.

NORTH DAKOTA

Claim of Lien

Lien must be filed with the recorder of the county and served on the owner within 90 days after the claimant’s contribution of goods, materials, or services is completed

A lien may not be filed more than 3 years after the date of the first item of material is furnished.

Notice of intent to enforce lien must be served by registered mail on owner at least 20 days before the action is commenced or 10 days before if owner is personally served.

Action to enforce lien must be commenced within 3 years after the date of the recording of the lien.

Upon written notice by the owner or contractor, suit must be commenced within 30 days thereafter

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

PRIME CONTRACTOR

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

Preliminary

Notice

None

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

Claim of Lien

Lien affidavit must be filed within 75 days from the date on which the last of the labor or work was performed or material furnished by the lien claimant (different rules for liens on residential property, oil and gas wells)

A copy of the affidavit must be served on the owner within 30 days after filing

Action to foreclose lien must be filed within 6 years of the date of the filing of the lien

Notice to commence suit filed by owner, prime contractor, or subcontractor affected by lien requires claimant to commence suit within 60 days of service of notice

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

SUBCONTRACTOR

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

Preliminary

Notice

Notice of furnishing must be served on owner within 21 days of first furnishing work or material to project if owner filed a notice of commencement. Owner must file notice of commencement before the commencement of any work on the project

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

Claim of Lien

Lien affidavit must be filed within 75 days from the date on which the last of the labor or work was performed or material furnished by the lien claimant

A copy of the affidavit must be served on the owner within 30 days after filing

Action to foreclose lien must be filed within 6 years of the date of the filing of the lien

Notice to commence suit filed by owner, prime contractor, or subcontractor affected by lien requires claimant to commence suit within 60 days of service of notice

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

MATERIAL SUPPLIER

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

Preliminary

Notice

Notice of furnishing must be served on owner and general contractor within 21 days of first furnishing work or material to project if owner filed a notice of commencement. Owner must file notice of commencement before the commencement of any work on the project

OHIO

OHIO REV. CODE ANN. §§ 1311.01 et seq.

Claim of Lien

Lien affidavit must be filed within 75 days from the date on which the last of the labor or work was performed or material furnished by the lien claimant

A copy of the affidavit must be served on the owner within 30 days after filing

Action to foreclose lien must be filed within 6 years of the date of the filing of the lien

Notice to commence suit filed by owner, prime contractor, or subcontractor affected by lien requires claimant to commence suit within 60 days of service of notice

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

PRIME CONTRACTOR

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

Preliminary

Notice

None on commercial project

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

Claim of Lien

Statement of lien must be filed within 4 months after the date upon which material or equipment for project was last furnished or labor last performed under the contract

Action to enforce lien must be commenced within 1 year from the filing of the statement of lien

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

SUBCONTRACTOR

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

Preliminary

Notice

A prelien notice is required for commercial and industrial projects for those who do not have a direct contract with the owner. The deadline is no later than 75 days after furnishing services

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

Claim of Lien

Statement of lien must be filed within 90 days after the date upon which material or equipment for project was last furnished or labor last performed under the contract

Action to enforce lien must be commenced within 1 year from the filing of the statement of lien

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

MATERIAL SUPPLIER

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

Preliminary

Notice

A prelien notice is required for commercial and industrial projects for those who do not have a direct contract with the owner. The deadline is no later than 75 days after furnishing services

OKLAHOMA

OKLA. STAT. tit. 42, §§ 141 et seq.

Claim of Lien

Statement of lien must be filed within 90 days after the date upon which material or equipment for project was last furnished or labor last performed under the contract

Action to enforce lien must be commenced within 1 year from the filing of the statement of lien

OREGON

OREGON OR. REV. STAT. §§ 87.001 et seq.	PRIME CONTRACTOR
OREGON OR. REV. STAT. §§ 87.001 et seq.	Preliminary Notice	Notice of right to lien must be served on owner with respect to all material provided on job in which a security interest is sought within 8 days of providing those materials to the project; no notice required on commercial projects. (later than this “8 day” notice is permitted, but limits claimants rights) Information Notice to Owner at the time of contract execution for residential projects; no notice necessary on commercial projects
OREGON OR. REV. STAT. §§ 87.001 et seq.	Claim of Lien	A claim of lien for nonpayment of labor, materials, or rental equipment must be recorded by the earlier of the following time periods: (1) within 75 days after the last day of performance of labor, delivery of materials, or rental of equipment; or (2) within 75 days after the completion of construction After the work performed by all original contractors is substantially complete, the owner, original contractor or mortgagee (or their agent) may post and record a completion notice. All other lien claimants must record their claims of lien within 75 days after the completion of construction Notice of filing a claim of lien must be given to the owner, mortgagees and others with security interests in the property within 20 days after filing the claim of construction lien Notice of intent to foreclose a lien must be given to the same parties as the notice of filing no later than 10 days before the commencement of the foreclosure suit Suit to foreclose lien must be commenced within 120 days after recording claim of lien; Notice of Pendency of Action should also be filed
OREGON	SUBCONTRACTOR
OREGON	Preliminary Notice	Notice of right to lien must be served on owner with respect to all material provided on job in which a security interest is sought within 8 days of providing those materials to the project on residential project; no notice required on commercial projects. (later than this “8 day” notice is permitted, but limits claimants rights)
OREGON	Claim of Lien	A claim of lien for nonpayment of labor, materials, or rental equipment must be recorded by the earlier of the following time periods: (1) within 75 days after the last day of performance of labor, delivery of materials, or rental of equipment; or (2) within 75 days after the completion of construction After the work performed by all original contractors is substantially complete, the owner, original contractor or mortgagee (or their agent) may post and record a completion notice. All other lien claimants must record their claims of lien within 75 days after the completion of construction Notice of filing a claim of lien must be given to the owner, mortgagees and others with security interests in the property within 20 days after filing the claim of construction lien Notice of intent to foreclose a lien must be given to the same parties as the notice of filing no later than 10 days before the commencement of the foreclosure suit Suit to foreclose lien must be commenced within 120 days after recording claim of lien; Notice of Pendency of Action should also be filed
OREGON	MATERIAL SUPPLIER
OREGON	Preliminary Notice	Notice of right to lien must be served on owner within 8 days of providing material to the project on residential and commercial projects (unless contracted directly with owner) (later than this “8 day” notice is permitted, but limits claimants rights)
OREGON	Claim of Lien	A claim of lien for nonpayment of labor, materials, or rental equipment must be recorded by the earlier of the following time periods: (1) within 75 days after the last day of performance of labor, delivery of materials, or rental of equipment; or (2) within 75 days after the completion of construction After the work performed by all original contractors is substantially complete, the owner, original contractor or mortgagee (or their agent) may post and record a completion notice All other lien claimants must record their claims of lien within 75 days after the completion of construction Notice of filing a claim of lien must be given to the owner, mortgagees and others with security interests in the property within 20 days after filing the claim of construction lien Notice of intent to foreclose a lien must be given to the same parties as the notice of filing no later than 10 days before the commencement of the foreclosure suit Suit to foreclose lien must be commenced within 120 days after recording claim of lien; Notice of Pendency of Action should also be filed

PENNSYLVANIA

49 PA. CONS. STAT. §§ 1101 et seq.

PRIME CONTRACTOR

PENNSYLVANIA

49 PA. CONS. STAT. §§ 1101 et seq.

Preliminary

Notice

None

PENNSYLVANIA

49 PA. CONS. STAT. §§ 1101 et seq.

Claim of Lien

Lien claim must be filed within 6 months after completion of the work for which the lien was claimed; and affidavit of service must be filed within 20 days of service

Notice of lien claim must be served on owner within 1 month after filing the lien claim

Action must be commenced within 2 years from the date of filing the lien claim

PENNSYLVANIA

49 PA. CONS. STAT. §§ 1101 et seq.

SUBCONTRACTOR

PENNSYLVANIA

49 PA. CONS. STAT. §§ 1101 et seq.

Preliminary

Notice

Notice of intent to file claim to owner at least 30 days prior to filing. Therefore, subcontractors must serve a notice of intent within 5 months after the last day of contract work to allow sufficient time to file the lien after providing the notice of intent to the owner

PENNSYLVANIA

49 PA. CONS. STAT. §§ 1101 et seq.

Claim of Lien

Lien claim must be filed within 6 months after completion of the work for which the lien was claimed; and affidavit of service must be filed within 20 days of service

Notice of lien claim must be served on owner within 1 month after filing the lien claim

Action must be commenced within 2 years from the date of filing the lien claim

PENNSYLVANIA

MATERIAL SUPPLIER

PENNSYLVANIA

Preliminary

Notice

PENNSYLVANIA

Claim of Lien

Lien claim must be filed within 6 months after completion of the work for which the lien was claimed; and affidavit of service must be filed within 20 days of service

Notice of lien claim must be served on owner within 1 month after filing the lien claim

Action must be commenced within 2 years from the date of filing the lien claim

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

PRIME CONTRACTOR

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

Preliminary

Notice

Notice of Possible Mechanic’s Lien must be filed within 10 days of commencing work

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

Claim of Lien

Notice of intention to claim lien must be filed and served on the owner within 200 days after doing the work or furnishing the materials

Within 40 days of the recording of Notice of Intention, the lien claimant must (1) file a statutory form of notice of lis pendens with the appropriate records of land evidence, and (2) file a Petition to Enforce. The Petition to Enforce must be filed within 7 days after filing the notice of lis pendens

Notice to all parties with an interest in the lien enforcement is accomplished with publication of an advertisement as described in the code

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

SUBCONTRACTOR

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

Preliminary

Notice

None

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

Claim of Lien

Notice of intention to claim lien must be filed and served on the owner within 200 days after doing the work or furnishing the materials

Notice to all parties with an interest in the lien enforcement is accomplished with publication of an advertisement as described in the code

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

MATERIAL SUPPLIER

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

Preliminary

Notice

None, unless directly contracting with owner

RHODE ISLAND

R.I. GEN. LAWS

§§ 34-28-1

et seq.

Claim of Lien

Notice of intention to claim lien must be filed and served on the owner within 200 days after doing the work or furnishing the materials

Notice to all parties with an interest in the lien enforcement is accomplished with publication of an advertisement as described in the code

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

PRIME CONTRACTOR

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

Preliminary

Notice

Notice of project commencement should be filed within 15 days of commencement of work to provide maximum protection

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

Claim of Lien

Claim of lien must be filed and served on the owner within 90 days after ceasing to furnish labor or materials on the project

Suit to foreclose lien and a lis pendens must be commenced within 6 months after ceasing to furnish labor or materials on the project

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

SUBCONTRACTOR

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

Preliminary

Notice

Subcontractors should give notice to the prime contractor of the furnishing of labor or material before the lien attaches

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

Claim of Lien

Claim of lien must be filed and served on the owner within 90 days after ceasing to furnish labor or materials on the project

Suit to foreclose lien and a lis pendens must be commenced within 6 months after ceasing to furnish labor or materials on the project

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

MATERIAL SUPPLIER

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

Preliminary

Notice

Materialmen should give notice to the prime contractor of the furnishing of labor or material before the lien attaches

SOUTH CAROLINA

S.C. CODE ANN.

§§ 29-5-10

et seq.

Claim of Lien

Claim of lien must be filed and served on the owner within 90 days after ceasing to furnish labor or materials on the project

Suit to foreclose lien and a lis pendens must be commenced within 6 months after ceasing to furnish labor or materials on the project

SOUTH DAKOTA

SOUTH DAKOTA S.D. CODIFIED LAWS §§ 44-1-1 et seq.	PRIME CONTRACTOR
SOUTH DAKOTA S.D. CODIFIED LAWS §§ 44-1-1 et seq.	Preliminary Notice	Subcontractor may serve owner with sworn account and notice of claim for non-payment from contractor Owner must give notice to contractor and contractor must give written notice that it disputes claim within 15 days or owner is entitled to pay the amount due and deduct the same from amount owed to contractor Prime contractor should file a notice of project commencement within 30 days of commencing the work
SOUTH DAKOTA S.D. CODIFIED LAWS §§ 44-1-1 et seq.	Claim of Lien	Owner may serve written notice within 15 days after contract work has been completed requiring any person who might have a lien to furnish a verified, itemized statement of lien No action may be commenced on such a lien for 10 days after statement has been furnished A statement of claim must be filed within 120 days from the doing of the last work, or furnishing the last item of skill, services, material, or machinery Action to enforce lien must be commenced within 6 years after the date the last item claimed in the filed lien statement Upon written demand of an owner, its agent or a contractor served on any person holding a lien and demanding the commencement of suit to enforce such lien, action must be commenced within 30 days after such notice Lien plaintiff must file notice of lis pendens. Once a claimant has filed a lis pendens notice, all other claimants must intervene in enforcement suit
SOUTH DAKOTA	SUBCONTRACTOR
SOUTH DAKOTA	Preliminary Notice	Sub-subcontractor must give notice of furnishing labor or materials within 60 days after doing such work to contractor identified in notice of commencement and owner, and provide a copy to the owner
SOUTH DAKOTA	Claim of Lien	Owner may serve written notice within 15 days after contract work has been completed requiring any person who might have a lien to furnish a verified, itemized statement of lien No action may be commenced on such a lien for 10 days after statement has been furnished A statement of claim must be filed within 120 days from the doing of the last work, or furnishing the last item of skill, services, material, or machinery Action to enforce lien must be commenced within 6 years after the date the last item claimed in the filed lien statement Upon written demand of an owner, its agent or a contractor served on any person holding a lien and demanding the commencement of suit to enforce such lien, action must be commenced within 30 days after such notice Lien plaintiff must file notice of lis pendens. Once a claimant has filed a lis pendens notice, all other claimants must intervene in enforcement suit
SOUTH DAKOTA	MATERIAL SUPPLIER
SOUTH DAKOTA	Preliminary Notice	Sub-subcontractor must give notice of furnishing labor or materials within 60 days after doing such work to contractor identified in notice of commencement and owner, and provide a copy to the owner
SOUTH DAKOTA	Claim of Lien	Owner may serve written notice within 15 days after contract work has been completed requiring any person who might have a lien to furnish a verified, itemized statement of lien No action may be commenced on such a lien for 10 days after statement has been furnished A statement of claim must be filed within 120 days from the doing of the last work, or furnishing the last item of skill, services, material, or machinery Action to enforce lien must be commenced within 6 years after the date the last item claimed in the filed lien statement Upon written demand of an owner, its agent or a contractor served on any person holding a lien and demanding the commencement of suit to enforce such lien, action must be commenced within 30 days after such notice Lien plaintiff must file notice of lis pendens. Once a claimant has filed a lis pendens notice, all other claimants must intervene in enforcement suit

TENNESSEE

TENNESSEE TENN. CODE ANN. 66-11-101 et seq.	PRIME CONTRACTOR
TENNESSEE TENN. CODE ANN. 66-11-101 et seq.	Preliminary Notice	Notice must be provided to owner prior to commencing work
TENNESSEE TENN. CODE ANN. 66-11-101 et seq.	Claim of Lien	Suit to enforce a lien must be brought within 1 year from the date the work is finished or materials are furnished Notice of completion filed by owner (which may be filed after completion of the improvement) requires that notice of claims of lien must be filed within 30 days after notice of completion is filed Owner may file notice of demand on lienor to file suit to enforce lien, at which point suit must be filed within 60 days of notice of demand Within 20 days after the property is attached in the suit, the claimant must record an abstract in the Register of Deeds Office
TENNESSEE	SUBCONTRACTOR
TENNESSEE	Preliminary Notice	None
TENNESSEE	Claim of Lien	Notice of nonpayment must first be given to the owner and the prime contractor within 90 days of the last day of the month within which the subcontractor’s labor or materials were provided Then subcontractor must also file and provide to the owner a notice of lien and sworn statement within 90 days after the date the improvement is complete or abandoned Subcontractor must give separate notice for each month in which unpaid services or supplies were provided Suit must be filed within 90 days of filing notice of lien and sworn statement Notice of completion filed by owner (which may be filed after completion of the improvement) requires that notice of claims of lien be filed within 30 days after notice of completion is filed Owner or general contractor may file notice of demand on lienor to file suit to enforce lien, at which point suit must be filed within 60 days of notice of demand Within 20 days after the property is attached in the suit, the claimant must record an abstract in the Register of Deeds Office
TENNESSEE	MATERIAL SUPPLIER
TENNESSEE	Preliminary Notice	If dealing directly with the owner, then must provide notice prior to commencing work
TENNESSEE	Claim of Lien	Notice of nonpayment must first be given to the owner and the prime contractor within 90 days of the last day of the month within which the subcontractor’s labor or materials were provided Then subcontractor must also file and provide to the owner a notice of lien and sworn statement within 90 days after the date the improvement is complete or abandoned Subcontractor must give separate notice for each month in which unpaid services or supplies were provided Suit must be filed within 90 days of filing notice of lien and sworn statement Notice of completion filed by owner (which may be filed after completion of the improvement) requires that notice of claims of lien be filed within 30 days after notice of completion is filed Owner or general contractor may file notice of demand on lienor to file suit to enforce lien, at which point suit must be filed within 60 days of notice of demand Within 20 days after the property is attached in the suit, the claimant must record an abstract in the Register of Deeds Office

TEXAS

TEXAS TEX. PROP. CODE §§ 53.001 et seq.	PRIME CONTRACTOR
TEXAS TEX. PROP. CODE §§ 53.001 et seq.	Preliminary Notice	None
TEXAS TEX. PROP. CODE §§ 53.001 et seq.	Claim of Lien	Affidavit of lien must be filed with the county clerk of the county in which the property is located not later than the “15th day of the fourth calendar month after the day on which the indebtedness accrued” and a copy sent to the owner by registered or certified mail within 5 days of filing (accrual of debt is defined differently for different parties under the statutes) Suit for foreclosure of lien must be commenced within the later of: (1) 2 years from the last day for the claimant to file its lien affidavit; or (2) 1 year after completion, abandonment, or termination of the original contract
TEXAS	SUBCONTRACTOR
TEXAS	Preliminary Notice	None
TEXAS	Claim of Lien	Affidavit of lien must be filed with the county clerk of the county in which the property is located not later than the “15th day of the fourth calendar month after the day on which the indebtedness accrued” and a copy sent to the owner and general contractor by registered or certified mail within 5 days of filing (accrual of debt is defined differently for different parties under the statutes) Notices of nonpayment must be issued for every month claimed stating amount due including retainage: the claimant must give notice to owner and prime contractor by the 15th day of the second month following each month in which all or part of the claimant’s labor was performed or material delivered, and the claimant must give additional notice to the owner and prime contractor by the 15th day of the third month following each month in which all or part of claimant’s labor was performed or material delivered. See statute for complex time restrictions (Tex. Prop. Code § 53.056, 53.057, 53.058) Suit for foreclosure of lien must be commenced within the later of: (1) 2 years from the last day for the claimant to file its lien affidavit; or (2) 1 year after completion, abandonment, or termination of the original contract
TEXAS	MATERIAL SUPPLIER
TEXAS	Preliminary Notice	None
TEXAS	Claim of Lien	Affidavit of lien must be filed with the county clerk of the county in which the property is located not later than the “15th day of the fourth calendar month after the day on which the indebtedness accrued” and a copy sent to the owner and general contractor by registered or certified mail within 5 days of filing (accrual of debt is defined differently for different parties under the statutes) Notices of nonpayment must be issued for every month claimed stating amount due including retainage, the claimant must give notice to the owner and prime contractor by the 15th day of the second month following each month in which the claimant receives and accepts the order for the material. In addition, if delivery has been made or the normal delivery time for the job has passed, the claimant must give notice to the owner and prime contractor by the 15th day of the third month in which all or part of the material or specially fabricated material was delivered. See statute for complex time restrictions (Tex. Prop. Code § 53.056, 53.057, 53.058) Suit for foreclosure of lien must be commenced within the later of: (1) 2 years from the last day for the claimant to file its lien affidavit; or (2) 1 year after completion, abandonment, or termination of the original contract

UTAH

UTAH UTAH CODE ANN. §§ 38-1-1 et seq.	PRIME CONTRACTOR
UTAH UTAH CODE ANN. §§ 38-1-1 et seq.	Preliminary Notice	Prime contractor must file a Notice of Commencement for the project within 15 days of: (1) building permit issuance; or (2) where no permit is issued, within 15 days of beginning work
UTAH UTAH CODE ANN. §§ 38-1-1 et seq.	Claim of Lien	Notice of lien must be filed by claimant within 180 days of final completion of the original contract. If notice of completion has been filed, 90 days after that filing. Notice of lien should be mailed to owner within 30 days of filing to preserve right to attorney’s fees Action to enforce mechanics lien (and lis pendens) must be commenced within 180 days from the date on which lien claimant filed notice of claim (Different rules apply to residential construction)
UTAH UTAH CODE ANN. §§ 38-1-1 et seq.	SUBCONTRACTOR
UTAH UTAH CODE ANN. §§ 38-1-1 et seq.	Preliminary Notice	Preliminary notice must be filed with the Construction Registry within 20 days after commencement of claimant’s work or the date it first furnishes materials; if notice is filed after the proscribed 20 day period, it is effective as of 5 days after the filing of the notice (and preserves claimant’s rights only after the effective date); The notice is suspended until a Notice of Commencement is filed by Contractor
UTAH UTAH CODE ANN. §§ 38-1-1 et seq.	Claim of Lien	Notice of lien must be filed by claimant within 180 days of final completion of the original contract. If notice of completion has been filed, 90 days after that filing. Notice of lien should be mailed to owner within 30 days of filing to preserve right to attorney’s fees Action to enforce mechanics lien (and lis pendens) must be commenced within 180 days from the date on which lien claimant filed notice of claim (Different rules apply to residential construction)
UTAH	MATERIAL SUPPLIER
UTAH	Preliminary Notice	Preliminary notice must be filed with the Construction Registry within 20 days after commencement of claimant’s work or the date it first furnishes materials; if notice is filed after the proscribed 20 day period, it is effective as of 5 days after the filing of the notice (and preserves claimant’s rights only after the effective date); The notice is suspended until a Notice of Commencement is filed by Contractor
UTAH	Claim of Lien	Notice of lien must be filed by claimant within 180 days of final completion of the original contract. If notice of completion has been filed, 90 days after that filing. Notice of lien should be mailed to owner within 30 days of filing to preserve right to attorney’s fees Action to enforce mechanics lien (and lis pendens) must be commenced within 180 days from the date on which lien claimant filed notice of claim (Different rules apply to residential construction)

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

PRIME CONTRACTOR

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

Preliminary

Notice

None

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

Claim of Lien

Notice of lien must be recorded and provided to owner within 180 days from the day when payment became due for the last labor performed or materials furnished by the claimant

Suit to enforce lien must be commenced and attachment obtained within 180 days from (1) the filing of the notice of lien or (2) when payment becomes due.

Within five months after a judgment is obtained, a certified copy of the record must be recorded

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

SUBCONTRACTOR

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

Preliminary

Notice

Pre-lien notice allowed to set priority but not required

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

Claim of Lien

Notice of lien must be recorded and provided to owner within 180 days from the day when payment became due for the last labor performed or materials furnished by the claimant

Suit to enforce lien must be commenced and attachment obtained within 180 days from (1) the filing of the notice of lien or (2) when payment becomes due.

Within five months after a judgment is obtained, a certified copy of the record must be recorded

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

MATERIAL SUPPLIER

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

Preliminary

Notice

Pre-lien notice allowed to set priority but not required

VERMONT

VT. STAT. ANN. tit. 9, §§ 1921

et seq.

Claim of Lien

Notice of lien must be recorded and provided to owner within 180 days from the day when payment became due for the last labor performed or materials furnished by the claimant

Suit to enforce lien must be commenced and attachment obtained within 180 days from (1) the filing of the notice of lien or (2) when payment becomes due.

Within five months after a judgment is obtained, a certified copy of the record must be recorded

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

PRIME CONTRACTOR

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

Preliminary

Notice

None on commercial projects

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

Claim of Lien

Memorandum of lien must be filed and served on owner (1) within 90 days from the last day of the month in which the claimant last performed labor or furnished materials, or (2) within 90 days from the time such building, or structure is completed or the work terminated, whichever is earlier

General contractor must also file, at the same time as filing the memorandum of lien, a certification of mailing the lien to the owner’s last known address.

Note: labor and materials may only be included in the lien if they were provided within 150 days prior to the

last day of providing labor or service (inclusion of labor and materials from before the 150 day period will likely invalidate the lien)

Suit to enforce the lien must be commenced within 6 months from the date the memorandum of lien was recorded or within 60 days from the time the structure was complete, whichever is later

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

SUBCONTRACTOR

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

Preliminary

Notice

Notice to owner of lien should be given within 90 day period for filing lien

Sub-subcontractors must give notice to owner and prime contractor

Subcontractor may impose personal liability on the general contractor or owner by providing (1) preliminary notice stating nature of contract and probable amount of his claim and (2) an additional notice stating the amount of the claim, verified by affidavit, at any point after the claimant’s work is finished but before 30 days after the completion or termination of the work

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

Claim of Lien

Note: labor and materials may only be included in the lien if they were provided within 150 days prior to the

last day of providing labor or service (inclusion of labor and materials from before the 150 day period will likely invalidate the lien)

Suit to enforce the lien must be commenced within 6 months from the date the memorandum of lien was recorded or within 60 days from the time the structure was complete, whichever is later

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

MATERIAL SUPPLIER

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

Preliminary

Notice

Notice to owner of lien should be given within 90 day period for filing lien

Materialmen supplying subcontractor or below must give notice to owner and prime contractor

Materialman may impose personal liability on the general contractor or owner by providing (1) preliminary notice stating nature of contract and probable amount of his claim and (2) an additional notice stating the amount

of the claim, verified by affidavit, at any point after the claimant’s work is finished but before 30 days after the completion or termination of the work

VIRGINIA

VA. CODE ANN.

§§ 43-1

et seq.

Claim of Lien

Memorandum of lien must be filed (1) within 90 days from the last day of the month in which the claimant last performed labor or furnished materials, or (2) within 90 days from the time such building, or structure is completed or the work terminated, whichever is earlier

Note: labor and materials may only be included in the lien if they were provided within 150 days prior to the

last day of providing labor or service (inclusion of labor and materials from before the 150 day period will likely invalidate the lien)

Suit to enforce the lien must be commenced within 6 months from the date the memorandum of lien was recorded or within 60 days from the time the structure was complete, whichever is later

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

PRIME CONTRACTOR

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

Preliminary

Notice

Under certain circumstances, notice to customer must be provided to owner prior to commencing work

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

Claim of Lien

Notice of claim of lien must be filed within 90 days of claimant’s cessation of work or furnishing material or the last date employee benefit contributions were due

Notice of claim of lien must be served on the owner within 14 days of the date the claim is recorded to have a claim for attorney’s fees and cost

Claimant must commence action to enforce lien within 8 months of recording the lien

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

SUBCONTRACTOR

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

Preliminary

Notice

Unless a subcontractor has contracted directly with owner or prime contractor, subcontractor must deliver notice of right to claim lien to owner and prime contractor within 60 days of commencement of work or the first delivery of equipment or material

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

Claim of Lien

Notice of claim of lien must be filed within 90 days of claimant’s cessation of work or furnishing material or the last date employee benefit contributions were due

Notice of claim of lien must be served on the owner within 14 days of the date the claim is recorded to have a claim for attorney’s fees and cost

Claimant must commence action to enforce lien within 8 months of recording the lien

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

MATERIAL SUPPLIER

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

Preliminary

Notice

Unless a materialman has contracted directly with owner or prime contractor, materialman must deliver notice of right to claim lien to owner and prime contractor within 60 days of commencement of work or the first delivery of equipment or material

WASHINGTON

WASH. REV. CODE

§§ 60.04.011

et seq.

Claim of Lien

Notice of claim of lien must be filed within 90 days of claimant’s cessation of work or furnishing material or the last date employee benefit contributions were due

Notice of claim of lien must be served on the owner within 14 days of the date the claim is recorded to have a claim for attorney’s fees and cost

Claimant must commence action to enforce lien within 8 months of recording the lien

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

PRIME CONTRACTOR

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

Preliminary

Notice

None

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

Claim of Lien

Notice of lien must be filed within 100 days after completion of the contract

Suit to enforce the lien must be instituted within 6 months after notice of the lien is filed

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

SUBCONTRACTOR

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

Preliminary

Notice

None required, but optional notice may be filed

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

Claim of Lien

Notice of lien must be filed and served on the owner within 100 days from the last furnishing of labor or materials

Suit to enforce the lien must be instituted within 6 months after notice of the lien is filed

If subcontractor is served with a written demand of the owner or the owner’s agent, subcontractor must provide statement of account within 10 days

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

MATERIAL SUPPLIER

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

Preliminary

Notice

None required, but optional notice may be filed

WEST VIRGINIA

W. VA. CODE

§§ 38-2-1

et seq.

Claim of Lien

Notice of lien must be filed and served on the owner within 100 days from the last furnishing of labor or materials

Suit to enforce the lien must be instituted within 6 months after notice of the lien is filed

If materialman is served with a written demand of the owner or the owner’s agent, materialman must provide statement of account within 10 days

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

PRIME CONTRACTOR

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

Preliminary

Notice

Preliminary notice must be included in the original prime contract or, if no written contract, served on owner within 10 days after the first labor or materials are furnished for the improvement by or pursuant to the authority of the prime contractor

This notice requirement may be waived under some circumstances for commercial projects (See Wis. Star.

§ 779.02(1)(c)

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

Claim of Lien

Notice of intent to file lien must be served on owner at least 30 days before the timely filing of the lien claim

Claim for lien must be filed (with copies of all required preliminary notices attached) within 6 months from the date the lien claimant furnished its last labor or materials

Suit to foreclose on the lien must be filed within 2 years after the date that the lien claim was filed

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

SUBCONTRACTOR

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

Preliminary

Notice

Preliminary notice must be served on owner within 60 days after lien claimant first provides labor or material for improvement

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

Claim of Lien

Notice of intent to file lien must be served on owner at least 30 days before the timely filing of the lien claim

Claim for lien must be filed (with copies of all required preliminary notices attached) within 6 months from the date the lien claimant furnished its last labor or materials

Suit to foreclose on the lien must be filed within 2 years after the date that the lien claim was filed

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

MATERIAL SUPPLIER

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

Preliminary

Notice

Preliminary notice must be served on owner within 60 days after lien claimant first provides labor or material for improvement

WISCONSIN

WIS. STAT.

§§ 779.01

et seq.

Claim of Lien

Notice of intent to file lien must be served on owner at least 30 days before the timely filing of the lien claim

Claim for lien must be filed (with copies of all required preliminary notices attached) within 6 months from the date the lien claimant furnished its last labor or materials

Suit to foreclose on the lien must be filed within 2 years after the date that the lien claim was filed

WYOMING

WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	PRIME CONTRACTOR
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	Preliminary Notice	None on commercial project
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	Claim of Lien	Notice of intent to claim lien must be given to owner at least 10 days prior to filing lien Contractor must file lien statement within 120 days from the last day work was performed or materials furnished under the contract or the date the work was substantially completed or there was substantial completion of the contract to furnish materials, whichever is earlier Suit to foreclose lien must be brought within 180 days after the filing of the lien statement
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	SUBCONTRACTOR
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	Preliminary Notice	Notice to prime contractor must be given in the form prescribed by statute within 60 days after the date on which services or materials are first furnished for projects where prime contract is for $50,000 or more
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	Claim of Lien	Notice of intent to claim lien must be given to owner at least 10 days prior to filing lien Subcontractor must file lien statement within 90 days from the last day work was performed or materials furnished under the contract or the date the work was substantially completed or there was substantial completion of the contract to furnish materials, whichever is earlier Suit to foreclose lien must be brought within 180 days after the filing of the lien statement
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	MATERIAL SUPPLIER
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	Preliminary Notice	Notice to prime contractor must be given in the form prescribed by statute within 60 days after the date on which services or materials are first furnished for projects where prime contract is for $50,000 or more
WYOMING WYO. STAT. ANN. §§ 29-1-201 et seq.	Claim of Lien	Notice of intent to claim lien must be given to owner at least 10 days prior to filing lien Materialmen must file lien statement within 90 days from the last day work was performed or materials furnished under the contract or the date the work was substantially completed or there was substantial completion of the contract to furnish materials, whichever is earlier Suit to foreclose lien must be brought within 180 days after the filing of the lien statement
		Effective July 1, 2011, the notice periods will substantially change. For example, a contractor will have to file its lien statement within 150 days* and subcontractors and materialmen within 120 days from: (1) the last day work was performed; or (2) date of substantial completion; or (3) date notice of substantial completion is filed by owner. Notice of Intent must be given to owner 20 days prior to filing lien. The 60 day preliminary notice requirement is repealed and replaced with: (1) prime contractor must give preliminary notice prior to receiving any payment from owner, including advances, and (2) subcontrontactors and materialmen must give notice within 30 days after first providing services or materials to construction project*

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

PRIME CONTRACTOR

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

Preliminary

Notice

None

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

Claim of Lien

Notice of lien must be filed during construction or within 90 days after the earlier of the completion or termination of the project; Notice of Lien must be served on owner within 5 business days after date of recordation.

Suit to enforce lien must be brought within 180 days after filing notice of lien, and a notice of pendency of action must be filed within 10 days of filing suit

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

SUBCONTRACTOR

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

Preliminary

Notice

None

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

Claim of Lien

Notice of lien must be filed and served on both owner and contractor during construction or within 90 days after the earlier of the completion or termination of the subcontractor’s work.

Suit to enforce lien must be brought within 180 days after filing notice of lien, and a notice of pendency of action must be filed within 10 days of filing suit

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

MATERIAL SUPPLIER

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

Preliminary

Notice

None

DISTRICT OF COLUMBIA

D.C. CODE ANN.

§§ 40-301.01

et seq.

Claim of Lien

Notice of lien must be filed and served on both owner and contractor during construction or within 90 days after the earlier of the completion or termination of the supplier’s work.

Suit to enforce lien must be brought within 180 days after filing notice of lien, and a notice of pendency of action must be filed within 10 days of filing suit

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