Monthly Archives: August 2015


Filing A North Dakota’s Mechanic Lien

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.

Yes. 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 info about North Dakota Mechanics Liens, please visit LienItNow.

Filing a Florida Mechanic’s Lien

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 guidlines

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.

For more information about New Jersey Liens, please visit LienItNow.

Georgia’s Mechanic Lien

In Georgia , liens filed on private property or on funds relating to a public project are known as Mechanic’s Liens. When a Georgia 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 a Georgia construction lien.

If the owner files a “Notice of Commencement” and posts it at the project site, then all those who are not performing work directly for the owner or prime contractor must, within 30 days from the initial delivery of labor services or materials to the project by claimant, provide a “Notice to Contractor”.

The filing of a Georgia claim of lien must be filed within 90 days after the day on which the lien claimant last performed labor or furnished materials.

For more information, please visit LienItNow.