Monthly Archives: April 2014


Arizona Mechanics Lien Guidlines

Liens filed on private property or on funds relating to a public project are known as Arizona Mechanic’s Liens. When an Arizona mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.
Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file an Arizona mechanics lien. If a company supplies material to a material supplier, they are not eligible to file an Arizona mechanics lien claim. If the project involves an owner occupied one or two family residence, then only a party having a direct contract with the owner can file a lien.

Pre-notices are required to be served prior to filing an Arizona mechanics’ lien claim.  Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner or the person having charge of the property that they are performing work on the property. This notice should also be provided to the construction lender and the general contractor. Only one notice is required unless the actual total price exceeds by 20 percent the estimated total price, at which point additional pre-notices are required (this is usually the result of change orders).

Prime contractors, subcontractors, materialmen and professionals must file a notice and claim for lien within the earlier of 120 days after completion, or within 60 days after the recording of the notice of completion.

Florida Mechanics Lien Guidlines

In Florida, liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a Florida Mechanics Lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Contractors, as well as subcontractors, laborers, certain design professionals, sub-subcontractors and material suppliers can file a Florida mechanics lien. If a company supplies material to a material supplier, they are not eligible to file a Florida construction lien claim. Only those who have a direct contract with the owner can file a Florida mechanics lien if the total price for the improvement is $2,500.00 or less.
Depending on the claimant’s status, a Florida pre-lien notice may be required.  Subcontractors and sub-subcontractors, including materialmen and suppliers who do not have a contract with the owner, are required to provide a Notice to Owner within the earliest of the following periods: within 45 days of commencing work or providing services for the Project or before the date of the owner’s final payment to the contractor who furnished an affidavit stating that all potential lien claimants have been paid.

A Florida claim of lien must be filed within 90 days of the last work performed on the project.

To learn more information about filing a Florida Mechanics Lien, please visit LienItNow.

North Dakota Construction Lien Requirements

Liens filed on private property or on funds relating to a public project are known as North Dakota Mechanic’s Liens. When a North Dakota lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a  North Dakota lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a North Dakota mechanics lien.
North Dakota has preliminary notice requirements. No claimant is entitled to a North Dakota mechanics lien unless it first serves written notice upon the owner, informing him that if payment is not made on the lien claimant’s account within 15 days of mailing, a North Dakota mechanics lien will be perfected. The notice must be recorded.

North Dakota mechanics’ liens on private property must be filed within 90 days of the last date the lienor provided materials or services to the Project. However, North Dakota lien rights are not lost if the time frame is not met except against bona fide purchasers for value.

For more information on liens, please visit LienItNow.

Florida’s Mechanic Lien Guidelines

In Florida, liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a Florida Mechanics Lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

Contractors, as well as subcontractors, laborers, certain design professionals, sub-subcontractors and material suppliers can file a Florida mechanics lien. If a company supplies material to a material supplier, they are not eligible to file a Florida construction lien claim. Only those who have a direct contract with the owner can file a Florida mechanics lien if the total price for the improvement is $2,500.00 or less.
Depending on the claimant’s status, a Florida pre-lien notice may be required.  Subcontractors and sub-subcontractors, including materialmen and suppliers who do not have a contract with the owner, are required to provide a Notice to Owner within the earliest of the following periods: within 45 days of commencing work or providing services for the Project or before the date of the owner’s final payment to the contractor who furnished an affidavit stating that all potential lien claimants have been paid.

A Florida claim of lien must be filed within 90 days of the last work performed on the project.
To learn more information about filing a Florida Mechanics Lien, please visit LienItNow.

New Jersey Lien Requirements

In the state of New Jersey, liens filed on private property are known as mechanics’ liens . When a New Jersey mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a New Jersey mechanics lien is filed on a public project, the lien attaches to and secures the funds in the public owner’s hands, prohibiting the owner from releasing that money until the mechanics lien is satisfied.

Contractors, subcontractors, sub-subcontractors, architects, engineers, and suppliers all have lien rights under New Jersey’s Construction Lien Law.

Pre-lien notice requirements exist for some lien claimants. Anyone that does not have a direct contract with the owner should file a Notice of Delivery of Materials and Services with the Owner and Prime Contractor within 20 days of starting work on the Project

New Jersey has different rules for different types of projects.
Construction Liens filed on commercial projects must be filed within 90 days after last day the claimant provided materials or labor to the Project. The filing of a Residential Lien Claim is a two step process. BOTH STEPS MUST BE COMPLETED WITHIN 120 DAYS. Within 60 days of the last furnishing of labor or materials, a lien claimant must file a Notice of Unpaid Balance along with a demand for arbitration. This arbitration has nothing to do with the litigation or resolution of the lien claimant’s underlying claim. It is solely for the purpose of determining whether the lien claimant has the right to file a lien claim. At the conclusion of the arbitration, the lien claimant may file a Construction Lien Claim for the sum of money determined by the arbitrator. Liens on public projects, also known as municipal mechanics’ liens , must be filed within 60 days of when the entire project is completed and accepted by resolution of the public agency. This differs from commercial and residential liens, which have time requirements starting when the work of the claimant, not the project, is completed.

 In New Jersey, liens on public projects do not require written contracts. Commercial and Residential Project Liens can only be filed pursuant to a written agreement. This includes claims for change order work. Written agreements do not necessarily have to take the form of traditional contracts signed by both parties. For example, delivery tickets are sufficient.  In New Jersey, a writing evidencing the existence of an agreement is sufficient to allow the filing of a New Jersey mechanics lien claim.

To find out more info on filing a mechanics lien in New Jersey, please visit LienItNow.

California’s Mechanics Lien Guide

In California, liens filed on private property are known as Mechanic’s Liens. When a California mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property.

In most circumstances, California does not allow mechanics liens to be filed on government owned property.  However, nearly every project on government owned project is required to have a payment bond in place to protect subcontractors and suppliers. Filing a claim against the payment bond secures your claim for money in a way that is similar to filing a lien claim. In addition to the payment bond, stop notices may also be filed.  Both bond claims and stop notices are discussed in more detail below.

Contractors, as well as subcontractors, design professionals, sub-subcontractors and material suppliers can file a California mechanics lien. If a company supplies material to a material supplier, they are not eligible to file a California mechanics lien claim.
Within 20 days of the commencement of work on the property, subcontractors and suppliers should provide written notice to the owner, the general contractor and the construction lender that they are performing work on the property. If the notice is served late, then the claimant can claim a California construction lien for the value of the labor or materials provided in the 20 days preceding the service of the notice and thereafter.

For more information on California’s Mechanic Liens, please visit LienItNow.

New York Lien Requirements

In New York, liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a New York mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a New York mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).

Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a New York mechanics lien.

 In New York, mechanics’ liens on private property must be filed within eight months of the last date the lienor provided materials or services to the Project.
New York mechanics’ liens with regard to public projects can be filed at any time before the completion and acceptance of a public improvement, but no later than 30 days following completion and acceptance by the state or the public corporation.
New York mechanics’ liens with regard to residential single family dwellings must be filed within four months after completion of the work.

For more information about Mechanic Liens, visit www.lienitnow.com

Montana Mechanic Lien Requirements

In Montana, liens filed on private property or on funds relating to a public project are known as Montana Construction Liens or mechanics liens. When a Montana mechanics lien is filed with regard to work performed on privately owned property, it attaches to and encumbers the fee simple ownership of property. When a Montana mechanics lien is filed with regard to work performed on a publicly or government owned property, it attaches to the fund of money which the public agency has allocated for a project. The reason for this is that you cannot force the sale of publicly owned land (public agencies mean any county, city, town, township, public commission, public board or other municipality authorized by law to make contracts for the making of any public improvement in any city, town, township or other municipality).
Contractors, as well as subcontractors, sub-subcontractors and suppliers who have a contract with a general contractor or a subcontractor can file a Montana mechanics lien.
Pre-lien notices are not required for contractors who have direct contracts with the owner, wage earners, on projects relating to dwellings of 5 or more families or on commercial projects. For residential projects, subcontractors and suppliers must give notice no later than 20 days after the date on which services or materials are first furnished. That period is extended to 45 days on residential projects where funding is provided by a bank and secured by a lien, mortgage or encumbrance, unless it is owner-occupied.
Contractors can file without a pre-lien notice, but subcontractors, sub-subcontractors and suppliers must file a pre-notice prior to filing a Montana mechanics lien or the lien extends back only to the preceding 20 days.
Montana mechanics’ liens on private property must be filed within 90 days of the last date the lienor provided materials or services to the Project or from the filing of a notice of completion.
For more information about Liens, please visit LienItNow. http://www.lienitnow.com/montana-faq.asp