Preliminary Notices & Lien Requirements for All States
Caution: The information regarding each state’s law is intended to be information, not to provide legal services, products or legal advice to you. Furthermore, the information about each state’s law changes frequently, and if there are different situations, please reach out to your attorney or Construction Notice Services for further clarification. We have not listed all rules/laws for each state but the basics that most of our clients utilize daily. Again, if you have a project with cessation or work stoppage, please reach out to your attorney or Construction Notice for further information regarding issues not discussed herein.
PRELIMINARY NOTICE: must be sent out no later than 20 days from first work or supplying Materials. You are automatically given 30% above your contract price on the AZ Prelim; however, if you exceed that price, you must supplement your prelim if you have gone over. A Good rule of thumb is 10% over your contract price, as the supplement will create a whole new prelim and must attach to the original.
LIEN DEADLINE: You have 120 days from the project’s last supply or completion (if completion can be defined). Or 150 days, if there is a permit, to record your lien from the actual Permit Certificate of Completion or Final. Please remember that there are not always permits on projects, so do not lose your lien rights.
FORECLOSURE: You must foreclose your lien within 6 months of recording.
PRELIMINARY NOTICE: must be sent out 20 days from first furnishing labor or materials. A late prelim will revert only 20 days.
STOP NOTICE OR INTENT TO LIEN: Although not required as part of the Lien in California, these two documents are powerful but must be done before the lien is completed and recorded.
LIEN: (General Contractor) 30 days after Notice of Completion recording date or cessation of work. If there is no NOC, then 90 days from the last contract work or completion. Subcontractor- 90 days after last supplying materials or labor. If there is a building permit on the project (due to California privacy laws, it is hard to get), you will have 90 days from Completion or Final of the permit.
FORECLOSURE: You must file a lawsuit 90 days after the lien is recorded with the County Recorder. Failure to timely file the lawsuit will require you to release your lien, or you may want to try an extension, but all parties must agree to extend the Lien deadline.
PRELIMINARY NOTICE: There is no statutory requirement for Preliminary notices in Colorado; however, we highly recommend doing a Prelim so that we all have the pertinent information upfront while everyone is happy and there are no payment issues.
INTENT TO LIEN: Since there are no Preliminary notice requirements, the 10 Day Notice of Intent must be mailed out before completing a lien and can be recorded.
NOTICE TO DISBURSER: This is optional, but if you opt for it, it must be done prior to filing the lien.
LIEN: Must be recorded within 4 months of last furnishing Materials or supplying materials and labor.
FORECLOSURE: Bring the lawsuit foreclosing the lien within 6 months from the date the lien was recorded.
PRELIMINARY NOTICE: file before or within 45 days from first furnishing labor or materials. The general contractor must give special notice.
LIEN: Record the Lien within 90 days from the last furnishing or completion of the project (if completion can be defined).
FORCLOSURE: Bring the lawsuit to Foreclose the Lien within 1 year from the recording date of the lien.
OBTAIN THE NOTICE OF COMMENCEMENT FROM THE GENERAL CONTRACTOR.
PRELIMINARY NOTICE: Within 30 days from first furnishing materials or labor or the Notice of Commencement. You must record your Preliminary Notice in Georgia.
LIEN: Record the Lien within 90 days of the last work, materials supplied, and labor.
FORECLOSE: Bring a foreclosure lawsuit within 365 days from recording the lien.
PRELIMINARY NOTICE: Serve the Preliminary Notice as soon as possible. Must be mailed Certified, Return Receipt.
LIEN: Record the Lien within 90 days after the last furnishing materials and labor or completion.
FORECLOSURE: Bring a lawsuit within 6 months from the Lien recording date.
PRELIM: File within 30 days from first furnishing materials on Commercial. Residential with 20 days of commencement of work or supplying material. Subcontractors or suppliers: Serve notice upon the owner as early as possible.
NOTICE OF INTENT: Serve upon the Owner and General/Prime before recording the Lien LIEN: File the lien within 90 days from the last furnishing materials or services.
FORECLOSURE: Brind the Lawsuit within 2 years from lien recording prior or within 30 days from receipt of a demand to commence suite.
PRELIM: There are no Preliminary Notice requirements; however, bear in mind that when there are payment issues, it is virtually impossible to obtain the information needed for a lien. We highly recommend filing a preliminary notice.
LIEN: File and serve Application and Notice of Lien within 45 days of Notice of Completion. If no notice of completion is received or recorded, then 1 year from completion, however, completion is defined.
FORECLOSURE: Once the lien attaches, file a suit within 3 months after the date the Court entered the Order to Attach if payment is not received.
PRELIM: File within 60 days of last furnishing materials and labor.
LIEN: File a Petition to Establish the Mechanics Lien within 180 days from the last furnishing materials and labor. You must have a signed contract as well. File a Petition to Enforce the Mechanic’s Lien within 1 year from the date the Petition to Establish the Mechanic’s Lien was filed.
FORECLOSURE: Within 1 year from filing the Petition.
WRITTEN CONTRACT: Obtain a written contract in this state.
PRELIM: Send Preliminary Notice within 30 days from first furnishing Materials and labor.
CLAIM OF LIEN: File Notice of Contract and Statement of Accounts as early as possible after executing your written contract, but not later than 90 days from last supplying. Your Lien rights will be shortened with the receipt and recording of the Notice of Substantial Completion to only 60 days to record the lien.
FORECLOSURE: File a lawsuit within 90 days of filing the Statement of Accounts.
PRELIM: Obtain a copy of the Notice of Commencement. (The project owner is required to file a Notice of Commencement before the project begins). The Owner is required to provide a copy of the Notice of Commencement within 20 days from the written request. Prelim within 20 days of first furnishing materials and labor.
LIEN: File within 90 days from the last furnishing materials. With a copy served upon the owner within 15 days from filing the lien.
FORECLOSURE: File a Suit to enforce the lien within 1 year from recording the lien.
PRELIM: Within 31 days of first furnishing or anytime before the expiration of 31 days. On residential, if in contract with the Owner (must be the actual owner-be careful), no prelim is required.
Commercial projects within 31 days of first furnishing.
NOTICE OF INTENT: File 10 Day Notice of Intent before recording the Lien on Residential projects, including private homes, apartments and condo units are all considered Residential.
LIEN: File lien within 90 days from last furnishing or completion if completion can be defined easily by a building permit or occupancy.
FORECLOSURE: After 30 days but within 6 months from the date the lien was recorded.
PRELIM: Commercial: A Notice of Unpaid balance and right to file a Lien may be filed before recording the lien within 60 days but would recommend when starting work.
Residential: A notice of unpaid balance and right to file a lien must be filed and served upon all affected parties with a demand for arbitration must be sent before the expiration of 60 days of the last furnishing. The arbitrator is required to determine if you have lien rights within 30 days. The lien must be filed within 10 days from the arbitration determination if you have lien rights per the arbitrator.
*“*YOU MUST HAVE A WRITTEN, SIGNED BY ALL PARTIES, CONTRACT, OR YOU WILL NOT BE PERMITTED TO PROCEED WITH A LIEN, NO WRITTEN, SIGNED CONTRACT, NO LIEN RIGHTS.
LIEN: File within 90 days from last furnishing materials, but an arbitrator must give permission on residential. Serve the lien upon the Owner, Prime Contractor and subcontractor within 10 business days.
FORECLOSURE: File a lawsuit to enforce the lien within 1 year from the last furnishing materials or services or within 30 days from receipt of a Notice of Commence Suit, which you will need to retain an attorney as soon as you file your lien. The Owner or General usually will file a Notice of Commencement action on the lien after receipt.
PRELIMS: Serve preliminary notice within 20 days and must be recorded within 5 days. Not required if you are in direct contact with the owner; this is not required.
LIEN: File within 90 days from the last furnishing or within 90 days from the first notice of publication.
FORECLOSURE: File suit to enforce the lien within 2 years from filing the lien.
PRELIM: Commercial: Serve notice upo9n the owner within 60 days from first furnishing materials. A late notice will only revert 30 days.
Residential: Serve notice within 20 days, preliminary mail notice certified, return receipt. STOP NOTICE: Available on residential projects only.
LIEN: When in Contract with the General/Prime contractor, file lien within 90 days from completion of the project or 90 days of last supplying. When in contract with the Owner, file lien within 120 days from completion of the contract.
FORECLOSURE: Bring a lawsuit within 2 years from filing the lien.
PRELIM: General, Subcontractors and Material Suppliers must serve a Notice through the Registry. If the General/Owner does not set up the project in the Lien Registry, then the Subcontractors and suppliers must designate a Lien Agent (fee is $56.00) to be able to file the prelim. This is due 15 days after first furnishing labor or materials.
CLAIM OF LIEN: File within 120 days of the last furnishing to the project. It may not be Amended, only cancelled or replaced but must be within the appropriate time frames for filing the lien.
FORECLOSURE: Bring a lawsuit within 180 days from the last furnishing to the project.
PRELIM: Non-Statutory, but a Notice is strongly recommended; it is extremely difficult in North Dakota to obtain information at the end of the project when there are payment issues.
CLAIM OF LIEN: Notice required 10 days before filing a lien. File lien within 90 days from the last furnishing or supplying.
FORECLOSURE: Notice before foreclosure is required. Bring suit within 3 years from filing the lien. Bring lawsuit within 30 days if the 30-day Notice of Commence Lawsuit is received.
PRELIM: File Notice within 8 business days from the first date of furnishing to the project. This is a short window, and you may want to request the prelim as soon as you sign the contract.
LIEN: File the lien within 75 days from the last furnishing or within 75 days from completion. NOTE: The cessation of work usually defines completion, or the Building Permit Authority gives a Certificate of Occupancy. Not all projects require a building permit, so be careful.
FORECLOSURE: Serve the Notice of Intent to Foreclose is required. Bring suit within 120 days from filing the lien.
PRELIM: File the Notice before furnishing materials and labor.
LIEN: File lien within 90 days from the last furnishing. There are a lot of nuances to recording a Lien in South Carolina, including all the correct forms, etc. Make sure you leave yourself or your lien service enough time.
FORECLOSURE: Bring suit within 6 months from the last furnishing.
PRELIM: Prelim filed within 20 days of first furnishing labor and materials. In state construction registry. You must ensure you have obtained all relevant information required by the registry; your prelim service will do that for you.
LIEN: File Lien within 90 days from notice of completion or within 180 days from completion or the
last date in which you supplied.
FORECLOSURE: File a lawsuit to enforce the lien within 180 days from the date the lien is recorded.
PRELIM: Commercial or Multi-family projects (4 or more units and apartments): Serve prelim within 60 days from first furnishing. Residential: Serve prelim before first furnishing materials and labor if you are not in contract with the Owner. Make sure it is the absolute owner and not a Development Company with the same address.
INTENT TO LIEN: Serve an Intent to Lien on residential new construction 10 days before serving the Notice of Lien.
LIEN: File Lien within 90 days from last furnishing materials and labor. Serve upon the Owner within 14 days from filing the lien.
FORECLOSURE: Bring suit within 8 months from the recording date.
STOP NOTICE: Must serve the Preliminary Notice. Stop Notice within 35 days from the date payment was due. Release promptly when you are paid in full.
PRELIM: Serve within 30 days of first furnishing labor.
INTENT TO LIEN: Notice of Intent at least 20 days before the lien. File the lien within 120 days from last furnishing
FORECLOSURE: File a lawsuit within 180 days from lien filing.