We were working on a project until we were put on hold on April 2019 and have not worked on it at all but the project wasn't cancelled until June 2020. Which date should we use for the notice of intent to lien? This is for a project on a military base in Nevada.
You may not need to serve a notice of intent to lien for a federal project. If you are a second tier subcontractor, you do need to timely serve a Miler Act Bond Claim Notice (see https://www.levelset.com/blog/miller-act/ for more information). There may be some creative ways around the bond claim notice if demands for payments have been sent to the GC in the 90 day period following your last work. Also, a lawsuit to enforce your bond claim rights must generally be filed within 1 year from your last furnishing of labor or materials to the federal construction project. Thus, based on your facts, you may have a statute of limitations issue, but you should consutl an experienced attorney ASAP to help guide you. You likely still have a contract claim against your customer who you are in privity of contract with.
You need to go after the sub you performed work for and would potentially file a contractor board complaint and complaint in Court. I believe this is recoverable but would have several questions.
Carrie E. Hurtik, Esq.
HURTIK LAW & ASSOCIATES
6767 W. Tropicana Avenue, Suite 200
Las Vegas, Nevada 89103
(702) 966-5200 Telephone
(702) 966-5206 Facsimile