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Can I file a lien if more than 90 days have passed from the NOC date?

We filed a preliminary notice in May of 2021, and then filed our lien in April of 2022. We were notified by the property owner that the NOC was filed in July of 2021 so we no longer had lien rights. We were never sent a copy of the NOC , or notified that one was filed. Do we still have lien rights since we weren't notified?

1 reply

Apr 21, 2022

If there was no Notice of Completion, but the project was finished in July of 2021, all subcontractors would only have 90 days from July 2021 to file their liens. That would be October 2021. So even without the NOC the lien may be considered too late. Regardless, you should contact a Construction Law attorney to determine what legal remedies you still have available.

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