For this specific property. Last time I went to court the opposing lawyer fought that if a 60 day notice wasn't sent, it makes the lien defective on its face. “”
I also don't know why?
Since subcontractors and suppliers do not have a direct contractual relationship with the Owner, the Mechanics Lien Act imposes an additional burden for them to perfect their lien claims.
The subcontractor or supplier must serve the owner and owner’s lender with a 60–day notice of intent to lien single family, owner–occupied property, and a 90-day notice for other types of property.
As with a General Contractor, a subcontractor or supplier must file suit within 2 years of last supplying labor or materials to enforce its lien. Failure to do so renders the lien claim null and void.
Finally, even if the subcontractor or supplier fails to serve its notice, it can still enforce its lien claim - but only up to the amount listed the GC's sworn statement.
I hope this information was helpful. Best of luck.