Create or sign in to your account to view more questions
Log in or create an account to get access to the best parts of the Community
Sign upSign in instead
Explore the community
Are you a lawyer?
Join the only network built for the construction legal community.
Already part of the community? Login here
Related Topics
Lien Deadlines Questions
All Status
Lien Deadlines
All States
Which is the next step after we sent a preliminary notice?
CaliforniaDoes the 90 days to file a lien start after the Punch list items are completed?
CaliforniaWe are working at a private university - should we classify them as a commercial project in that case?
WisconsinI am a licensed GC acting as a construction manager for a property owner, which is a limited liability company, and we are building a new spec house. There is technically no general contractor. I hired a plumber to complete the rough plumbing for the house. Even though I gave the plumber all information about the ownership and construction lender, his proposal/estimate was addressed to me personally, and not the property owner, and I signed it.
Is the plumber required to file a 20 day preliminary notice?
Also, that same plumber walked off the project (did not complete his contractual obligation) on 1/24/2022 and demanded partial payment. We obviously argued that we didn’t owe them anything and we had to hire another contractor to complete the job.
11 months later, he filed a mechanics lien naming me personally as the owner, which I am not.
I believe he only has 90 days from the time he completed or stopped working on the project to file a mechanics lien, is that correct?
Californiahello, I have three questions about preliminary notices in Nevada, 1- how early can I file a preliminary notice? 2- from when is it considered that we began supplying material, from when its on site or from when its in the warehouse? 3- to who do i need to send the notice to for it to be legally affective?
NevadaQuestions about filing the lien. I sent owner a notice and also to the GC. When can I file my lien and where do I send it to? The owner has been paid for the insurance company all the funds but has not paid the GC so I have not been paid.
AlaskaSee Above
South CarolinaCurrently have an open invoice send on March 2018 which has not been paid. That was our last invoice for labor. The project was completed on July and we are ready to invoice for retainage. I want to make sure we get paid for retainage plus the opened invoice. I am going to send the retainage invoice tomorrow and was wondering if I can start the lien process as well or if I have to wait.
AlaskaWe are filing a lien on a property and and the property consists of two separate buildings with two different addresses. The building we did NOT work on is the actual address attached at the auditor site and parcel information. The building we performed the work on is a totally different address. When filing our lien, do we use the address for the building we worked on, or the address of the other building that's connected to the legal description of the property?
OhioMy company designs and supplies equipment to contractors. The first thing we do after receiving an order is generate an engineering submittal, which can take up to 6 weeks of labor. Then the customer approves it, or asks for corrections before approving it. This approval is our first billing milestone. So when setting a "Date Labor or Materials Last Delivered" in zlien, do I use the date on which we begin expending labor? Or do I use the date that submittals are approved, which is the date where the customer believes they've actually had something 'delivered' to them?
Note that our company does business all over the US (and internationally).
New JerseyGetting ready to start a large repair on Hampton Inn in Buford, GA
GeorgiaI submitted a question on 7/2/18, and received a response from Matt Viator on 7/3/18 (both of which are copied below). My question has to do with the Notice of Termination. Our company never filed a Notice of Contract with the county recorder's office, so I understand that the subcontractor must file their lien within 60 days from the date our company filed a Notice of Termination. Our company issued a written Notice of Termination to the subcontractor on 5/17/18 but did not file a Notice of Termination with the county recorder's office until 7/2/18 (primarily because we did not know about the need to record such notices). I just want to make sure that the critical date for starting the 60-day lien filing period (for the subcontractor) is still 5/17/18. Please confirm, thank you.
Subcontractor lien rights in Louisiana - submitted 7/2/18
Deadlines
Right to Lien
State: Louisiana
Our company completed a private project in Louisiana as a general contractor on 6/26/18 (substantial completion). Our company hired a subcontractor to perform a specific scope of work as part of this project. We later had to terminate the services of the subcontractor due to multiple performance and schedule issues. The subcontractor abandoned the jobsite on 5/11/18, then we filed a Notice of Default with the subcontractor on 5/15/18, and finally filed a Notice of Termination with the subcontractor on 5/17/18. Our company then had to complete the specific scope of work of this subcontractor, and complete the overall project.
My questions: 1. What lien rights does this subcontractor have against the owner property, and 2. What are the deadlines for the subcontractor to file a lien?
Our company has filed a Notice of Completion with the local parish clerks office for the overall project based on completion date of 6/26/18 and a Notice of Termination with the local parish clerks office against the subcontractor in question for their specific scope of work based on termination date of 5/17/18.
Answered 7/3/18
Matt Viator
Legal Associate zlien
Under § 4802 of the Louisiana Revised Statutes, subcontractors are entitled to a mechanics lien "for the price of their work." Of course, when that workmanship is in dispute, there may be question as to whether they're still entitled to file a lien for their work performed. A subcontractor might be able to actually file a lien based on the price of their work. However, if that lien were challenged or if it came down to a lien enforcement action, a party who had to perform remedial work to cure issues caused by their sub might be able to argue that nothing is owed. If the subcontractor did not, in fact, add value to the work of improvement, it might be a valid basis for challenging the filed lien. Regarding deadlines - Louisiana's lien filing deadline can be tricky. If a Notice of Contract was filed, subcontractors must file their lien within 30 days of the filing of a Notice of Termination. If a Notice of Contract was not filed, a subcontractor must file their lien within 60 days of the filing of a Notice of Termination. In the instance where a Notice of Termination was not filed, that timeframe will instead run from the substantial completion of the work.
LouisianaI viewed a presentation on line covering Texas lien laws on December 5th. I would like to get a copy of that presentation if possible. We also do business in Louisiana and Arkansas.
TexasJOERIS does not assumer responsibility for any retainages in their Spedtrum Kiosk job management site. They have yet to approve a change order we filed for some remobilization fees, and they have mentioned filing change orders for us to fulfill for damages done by our crew. The deadline for the Notice of Claim for Unpaid Retainage is in 1 week and I need to know what plan of action to take. If I file a Notice of Claim for Unpaid Retainage will I lose my claim for the pending change order?
TexasAccording to LevelSet we missed a deadline for filing a claim of lien. What is the best way to ensure our claim is protected ? Also why in Texas is not considered a lien but rather a claim of lien.
Texas