Step 1: Notice
- Commercial
- Prime Contractor: On projects over $25,000, file Notice of Contract before work begins.
- After 1/1/20 Prime Contractor: On projects over $100,000, file Notice of Contract before work begins.
- Suppliers: If materials are supplied to a subcontractor: Notice of nonpayment of the claim to both the owner and the prime contractor within 75 days of the last day of EACH MONTH OF FURNISHING in which the material was delivered to the site, or no later than the end of the statutory lien period, whichever comes first. (see speed bump J Reed Constructors, Inc. v. Roofing Supply Group, LLC)
- Residential
- Contract with the Owner: Serve owner Notice of Lien Rights to the owner prior to entering contract
- Suppliers: If materials are supplied to a subcontractor: Notice of nonpayment of the claim to both the owner and the prime contractor within 75 days of the last day of EACH MONTH OF FURNISHING in which the material was delivered to the site, or no later than the end of the statutory lien period, whichever comes first. (see speed bump J Reed Constructors, Inc. v. Roofing Supply Group, LLC)
- Rental Equipment
- A lessor of equipment must deliver a copy of the lease to the owner and to the contractor no later than 10 days after the equipment is placed at the project for work in order to preserve his claim.
- As of 1/1/20 a lessor of equipment must send a Notice of Lease 30 days from first furnishing. Notice not required to be sent to direct customer. Late Notice of Lease limited to rents occurring after notice given.
- Notice of nonpayment of the claim to both the owner and the prime contractor within 75 days of the last day of EACH MONTH OF FURNISHING in which the material was delivered to the site, or no later than the end of the statutory lien period, whichever comes first.
- Registered or Certified Surveyors or Engineers
- The subconsultant must give notice to the owner within 30 days after the date that the subconsultant enters into a written contract of employment.
- Notice of nonpayment of the claim to both the owner and the prime contractor within 75 days of the last day of EACH MONTH OF FURNISHING in which the material was delivered to the site, or no later than the end of the statutory lien period, whichever comes first.
- Design Professional Notice/Professional Consultants – new notice requirement as of 1/1/20
- Must give notice to the owner within 30 days after the date that the subconsultant enters into a written contract of employment. Not required when direct to owner.
- Notice of nonpayment of the claim to both the owner and the prime contractor within 75 days of the last day of EACH MONTH OF FURNISHING in which the material was delivered to the site, or no later than the end of the statutory lien period, whichever comes first.
All projects completed prior to 1/1/20 which includes Notice of Terminations filed before 1/1/20 will follow prior statute.