How long do we have to file a lien after sending prelien?

2 months ago

We sent a final request for payment, then sent a preliminary notice/intent to file yesterday. How long do we have to file the actual lien if we need to move forward? Work began on 8-8-19 and ended 8-19-19, are we protected sufficiently?

Guest
Anonymous

If you are a GC, you have until 11-18 to record the lien

Attorney Wendel Rosen LLP

First, you’re only going to be able to record a mechanics lien for work performed 20 days before you served your preliminary notice. Second, your deadline to record a mechanics lien is going to depend on whether you’re a direct contractor or subcontractor/material supplier and whether a notice of completion or cessation was recorded.

Direct Contractors: No earlier than after the direct contractor has completed its work but no later than the earlier of:

(1) 90 days after completion of the project; or
(2) 60 days after the owner records a notice of completion or cessation.

Subcontractors and Material Suppliers: No earlier than after the subcontractor or material supplier has ceased work but no later than the earlier of:

(1) 90 days after completion of the project; or
(2) 30 days after the owner records a notice of completion or cessation.

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