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Mechanics Lien Deadlines by State: Residential Notice and Filing Rules

A mechanics lien is how a contractor, subcontractor or supplier who didn’t get paid secures a claim against the property they improved. On a house, the deadlines are short and strict, and they change at every state line. 20 states require subcontractors or suppliers to send a preliminary notice early in the job (9 more in some situations), and 13 require a notice of intent before filing. Here’s the residential rule in every state and D.C., with the statute for each.

Quick answer

On a private home, most lien filing deadlines fall between about 60 days and 6 months, usually counted from the last day of work or delivery. Several states count from completion of the whole project instead, and a recorded notice of completion can cut the window to 30 to 45 days in some states. Many states also require a preliminary notice early in the job, especially from subcontractors and suppliers, and missing it can kill the lien. Find your state below, then read the statute; the details decide whether a lien holds up.

20states require a sub's preliminary notice

9more require one in some cases

13states require a notice of intent

Strictmiss a deadline and the lien is lost

How a residential lien works, step by step

Know your deadlines on day one. Preliminary notices are often due within days or weeks of starting work.
Send any required preliminary notice to the owner (and, in some states, the lender or a lien agent) in the form the statute requires.
Track your last day of work or delivery. Most deadlines run from it. Warranty or punch-list work usually doesn’t extend it.
Send a notice of intent if your state requires one, before filing.
File or record the lien with the county (or court) before the deadline, and serve it if required.
Enforce it in time. A lien expires unless you file suit to foreclose within the state’s enforcement period.

For homeowners: how not to pay twice

Some states protect a homeowner who paid the contractor in full, at least on an owner-occupied home, and many others cap a sub’s or supplier’s lien at what the owner still owed when notified. Elsewhere, paying in full doesn’t by itself stop a sub or supplier your contractor didn’t pay from liening your house. Protect yourself the simple way:

Ask who the subcontractors and major suppliers are, and keep any preliminary notices you receive.
Get a lien waiver from the contractor, and from subs and suppliers who sent notices, with each payment.
On larger jobs, pay suppliers with joint checks (made out to the contractor and the supplier).
Don’t make the final payment until you have final lien waivers.

Builder’s note: We’re a Pennsylvania contractor. Here a lien on a house has to be filed within 6 months after the contractor finishes its work, a subcontractor must give the owner 30 days’ written notice first, and a sub can’t lien an owner-occupied home whose owner already paid the full contract price. The best lien is the one nobody has to file: a clear contract, a payment schedule tied to the work and lien waivers with each payment keep everyone paid.

Find your state:Jumps to your state’s full entry, with the official sources.

Mechanics lien deadlines in all 50 states

State	Lien filing deadline	Sub/supplier preliminary notice	Notice of intent
Alabama	6 mo. prime / 4 mo. sub, last furnishing	Not required	Required
Alaska	120 days from last furnishing	Not required	Not required
Arizona	120 days after completion (60 if NOC)	Required	Not required
Arkansas	120 days from last furnishing	Depends	Required
California	90 days after completion (60/30 if NOC)	Required	Not required
Colorado	4 months from last furnishing	Not required	Required
Connecticut	90 days from last furnishing	Not required	Required
Delaware	180 days prime / 120 days sub	Not required	Not required
District of Columbia	90 days after project completion	Not required	Not required
Florida	90 days from final furnishing	Required	Not required
Georgia	90 days from last furnishing	Depends	Not required
Hawaii	45 days after notice of completion	Not required	Not required
Idaho	90 days from last furnishing	Not required	Not required
Illinois	4 months after completion (90-day sub notice)	Required	Not required
Indiana	60 days from last furnishing (residential)	Required	Not required
Iowa	90 days from last furnishing (MNLR)	Required	Not required
Kansas	4 mo. prime / 3 mo. sub, last furnishing	Required	Not required
Kentucky	6 months from last furnishing	Not required	Required
Louisiana	60 days after completion/termination	Not required	Not required
Maine	Suit 120 days; sub statement 90 days	Not required	Not required
Maryland	180 days from last furnishing	Not required	Required
Massachusetts	Notice 90 days / statement 120 days	Depends	Not required
Michigan	90 days from last furnishing	Required	Not required
Minnesota	120 days from last furnishing	Required	Not required
Mississippi	90 days from last furnishing	Depends	Depends
Missouri	6 months after debt accrues	Depends	Required
Montana	90 days from final furnishing	Required	Not required
Nebraska	120 days from final furnishing	Optional	Not required
Nevada	90 days after completion (40 if NOC)	Required	Required
New Hampshire	Attach within 120 days of last furnishing	Depends	Not required
New Jersey	Notice 60 days; lien within 120 days	Not required	Required
New Mexico	120 days prime / 90 days sub, completion	Not required	Not required
New York	4 months from last furnishing (1-family)	Not required	Not required
North Carolina	120 days from last furnishing	Depends	Not required
North Dakota	90 days from last furnishing	Not required	Required
Ohio	60 days from last furnishing (residential)	Depends	Not required
Oklahoma	4 mo. prime / 90 days sub, last furnishing	Required	Not required
Oregon	75 days from last furnishing	Required	Not required
Pennsylvania	6 months after completion of work	Not required	Required
Rhode Island	200 days from last furnishing	Not required	Not required
South Carolina	90 days from last furnishing	Required	Not required
South Dakota	120 days from last furnishing	Not required	Not required
Tennessee	Suit within 1 yr of completion (prime only)	Not required	Not required
Texas	15th of 3rd month after month work ends	Required	Not required
Utah	180 days after completion (90 if NOC)	Required	Not required
Vermont	180 days after final payment due	Required	Not required
Virginia	90 days after end of month of last work	Depends	Not required
Washington	90 days from last furnishing	Required	Not required
West Virginia	100 days from completion of work	Optional	Not required
Wisconsin	6 months from last furnishing	Required	Required
Wyoming	150 days prime / 120 days sub	Required	Required

Private residential (owner-occupied single-family) projects. “Depends” means the notice applies only in some situations, such as when a notice of commencement or a lien agent is on record. Prime vs. sub rules, enforcement deadlines and the statute for each state are below.

State-by-state details

AlabamaSecondary source

Lien deadline (prime): Within 6 months after the last labor or materials furnished, for original contractors (Ala. Code § 35-11-215).
Lien deadline (sub/supplier): Within 4 months after the last labor or materials furnished; 30 days for journeymen and day laborers (Ala. Code § 35-11-215).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required for a lien, but it sets the amount. Without notice, a sub's or supplier's lien is limited to the unpaid balance the owner still owes the contractor. A supplier who notifies the owner in writing before furnishing (naming the materials, the contractor and the prices) can lien for the full price unless the owner objects in writing before the materials are used (Ala. Code § 35-11-210).
Notice of intent: Anyone other than the original contractor must give the owner written notice of the lien claim (amount, what it is for, who owes it) before filing the lien statement. No set number of days. Not needed for materials already covered by a § 35-11-210 advance notice (Ala. Code § 35-11-218).
Enforce within: Suit within 6 months after the entire debt secured by the lien comes due (Ala. Code § 35-11-221).
Homeowner rules: Without the advance notice, a sub's or supplier's lien reaches only what the owner still owes the contractor; after a § 35-11-218 notice, the owner must hold any unpaid balance for the claimant (Ala. Code §§ 35-11-210, 35-11-218).
The law: Code of Alabama, Title 35, Ch. 11, Art. 5, Div. 8 (Mechanics and Materialmen), § 35-11-210 et seq.
Good to know: In Alabama, a supplier who wants a lien for the full price must notify the owner in writing before delivering materials; otherwise the lien is limited to what the owner still owes the contractor.

Sources: alisondb.legislature.state.al.us · law.justia.com · law.justia.com · law.justia.com

AlaskaSecondary source

Lien deadline (prime): Record within 120 days after the claimant completes its contract or last furnishes labor, materials, services or equipment. If the owner records a notice of completion, a claimant who got advance notice of that recording or never gave a notice of right to lien must record within 15 days after the notice of completion is recorded (AS 34.35.068).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required. Any claimant may give the owner a written Notice of Right to Lien before furnishing (AS 34.35.064). It is optional, but it shifts to the owner the burden of proving it did not know of or consent to the work, and it preserves the 120-day deadline if the owner records a notice of completion (AS 34.35.068(b)).
Preliminary notice (sub/supplier): Not required (same optional Notice of Right to Lien, AS 34.35.064). A claimant who never gave one has only 15 days to record its lien or a notice of right to lien after the owner records a notice of completion (AS 34.35.068(b)).
Notice of intent: Not required.
Enforce within: Action within 6 months after recording the claim of lien. The lien can be extended once by recording an extension notice within those 6 months; suit is then due within 6 months after the extension notice (AS 34.35.080).
The law: Alaska Stat. §§ 34.35.050–34.35.120 (Title 34, Ch. 35, Art. 2, Mechanics and Materialmen)
Good to know: Alaska's Notice of Right to Lien is optional, but giving it before starting work protects your lien deadline if the owner later records a notice of completion.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com

ArizonaOfficial source

Lien deadline (prime): Record within 120 days after completion of the work of improvement, or within 60 days after the owner records a notice of completion; serve a copy on the owner if found in the county (A.R.S. § 33-993(A)). Completion is the earlier of 30 days after final inspection and acceptance or 60 straight days without work; with no permit, the last day of furnishing (§ 33-993(C)-(D)).
Lien deadline (sub/supplier): Same as prime, but no lien on an owner-occupant's dwelling unless the claimant had a written contract directly with that owner (A.R.S. § 33-1002).
Preliminary notice (prime): Required. Preliminary 20-day notice to the owner, original contractor, construction lender and the party who hired you, within 20 days after first furnishing. The statute exempts only persons doing actual labor for wages, so a prime contractor must serve one too. A late notice covers only items furnished within 20 days before it was served and afterward (A.R.S. § 33-992.01).
Preliminary notice (sub/supplier): Required. Same preliminary 20-day notice (A.R.S. § 33-992.01). On an owner-occupant's dwelling, though, subs and suppliers have no lien unless they contracted in writing directly with the owner (A.R.S. § 33-1002).
Notice of intent: Not required.
Enforce within: Action to enforce within 6 months after recording, plus a recorded notice of pendency of action; otherwise the lien expires (A.R.S. § 33-998(A)).
Homeowner rules: No lien may be recorded against the dwelling (one- or two-family home or condo) of a natural person who was the owner-occupant before work began, except by a claimant with a written contract directly with that owner. Waivers of this protection are void (A.R.S. § 33-1002).
The law: A.R.S. Title 33, Ch. 7, Art. 6 (Mechanics' and materialmen's liens), § 33-981 et seq.
Good to know: Arizona subcontractors and suppliers cannot lien an owner-occupied home unless they had a written contract directly with the homeowner. Other claimants except wage laborers, including the prime contractor, must send the preliminary 20-day notice to keep full lien rights.

Sources: azleg.gov · azleg.gov · azleg.gov · azleg.gov

ArkansasSecondary source

Lien deadline (prime): File with the circuit clerk within 120 days after the materials were furnished or the work was performed, with an affidavit of notice attached (Ark. Code § 18-44-117).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Required. On residential property of four or fewer units, the residential contractor must give the owner the statutory lien notice (exact boldface capitalized wording; may be in or attached to the contract) by personal delivery or certified mail before work begins. Without it the contractor has no lien and faces a fine of up to $1,000. Not required if a performance and payment bond is provided or for a direct sale to the owner by a non-contractor (Ark. Code § 18-44-115(a)).
Preliminary notice (sub/supplier): No separate notice if the owner received the contractor's pre-work notice, which covers all potential claimants. A sub or supplier may give the notice itself. No one may lien unless the owner received at least one copy; if it arrived after work began, a claimant relying on it can lien only for work after it (Ark. Code § 18-44-115(a)(5)).
Notice of intent: Required for all claimants: written notice to the owner at least 10 days before filing the lien, stating the amount and from whom it is due, served by officer, witness, restricted-delivery certified mail or verified delivery service (Ark. Code §§ 18-44-114, 18-44-117).
Enforce within: Suit within 15 months after the lien is filed, plus a lis pendens (Ark. Code § 18-44-119).
Homeowner rules: On one- to four-unit residential property, no one has a lien unless the owner received the statutory notice; the residential contractor must give it before work begins on behalf of everyone (Ark. Code § 18-44-115).
The law: Ark. Code Ann. Title 18, Ch. 44, Subch. 1, § 18-44-101 et seq.
Good to know: On an Arkansas home of one to four units, nobody can lien unless the owner received the state's lien notice before work started, so contractors should put it in the contract and deliver it in person or by certified mail.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com

CaliforniaOfficial source

Lien deadline (prime): Record the claim of lien after completing the direct contract and before the earlier of 90 days after completion of the work of improvement or 60 days after the owner records a notice of completion or cessation (Cal. Civ. Code § 8412).
Lien deadline (sub/supplier): Record after ceasing work and before the earlier of 90 days after completion of the work of improvement or 30 days after the owner records a notice of completion or cessation (Cal. Civ. Code § 8414).
Preliminary notice (prime): Only to the construction lender, if any: a claimant with a direct contract with the owner gives preliminary notice only to the construction lender (Cal. Civ. Code § 8200(e)). Home improvement contracts over $500 must include the statutory 'MECHANICS LIEN WARNING' in the contract form (Bus. & Prof. Code § 7159(e)(4)).
Preliminary notice (sub/supplier): Required. Preliminary notice to the owner, the direct contractor and any construction lender within 20 days after first furnishing work; it is a prerequisite to a valid lien (laborers exempt). A late notice covers only work in the 20 days before it was given and afterward (Cal. Civ. Code §§ 8200, 8204).
Notice of intent: Not required.
Enforce within: Action to enforce within 90 days after recording the claim of lien, or the lien expires; a recorded credit agreement can extend this to 90 days after the credit ends, but not past 1 year after completion (Cal. Civ. Code § 8460).
Homeowner rules: Home improvement contracts over $500 must carry the Mechanics Lien Warning, which tells owners that unpaid subs and suppliers can lien even if the owner paid the contractor in full, and suggests joint checks and lien releases (Bus. & Prof. Code § 7159(e)(4)).
The law: Cal. Civil Code, Div. 4, Part 6 (Works of Improvement), § 8000 et seq.; Bus. & Prof. Code § 7159
Good to know: California subcontractors and suppliers must send a preliminary notice within 20 days of starting, and a homeowner's recorded notice of completion cuts their lien window to 30 days (60 for the general contractor).

Sources: leginfo.legislature.ca.gov · codes.findlaw.com · codes.findlaw.com · codes.findlaw.com · codes.findlaw.com · codes.findlaw.com

ColoradoSecondary source

Lien deadline (prime): Record the lien statement before 4 months after the day the claimant last performed labor or furnished materials (C.R.S. 38-22-109(5)). Laborers paid by the day or piece: within 2 months after the structure is completed (§ 38-22-109(4)).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required. A claimant may record an optional notice that extends the filing deadline to the earlier of 4 months after completion or 6 months after the notice (C.R.S. 38-22-109(10)).
Preliminary notice (sub/supplier): Not required (same optional extension notice, C.R.S. 38-22-109(10)).
Notice of intent: Required: notice of intent to file a lien statement served on the owner (or reputed owner or agent) and the principal contractor at least 10 days before filing, personally or by certified or registered mail; record an affidavit of service with the lien (C.R.S. 38-22-109(3)).
Enforce within: Action to enforce plus a recorded notice of the action within 6 months after the last work or materials, or completion of the improvement (C.R.S. 38-22-110). The clock does not run from the filing date.
Homeowner rules: Owners of an existing single-family home or an owner-occupied primary residence have an affirmative defense if they paid the full contract price plus change orders to the contractor or a sub (C.R.S. 38-22-102(3.5)).
The law: C.R.S. Title 38, Art. 22 (General Mechanics' Lien), § 38-22-101 et seq.
Good to know: Colorado requires a notice of intent to the owner and general contractor at least 10 days before filing, and the lawsuit is due within 6 months of your last work, not 6 months after filing. Owners of an existing single-family home or an owner-occupied home who paid the contractor in full have a defense.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · codes.findlaw.com · codes.findlaw.com

ConnecticutOfficial source

Lien deadline (prime): Lodge the sworn certificate of lien with the town clerk within 90 days after ceasing to furnish services or materials, and serve a copy on the owner within 30 days after lodging (Conn. Gen. Stat. § 49-34).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): No separate preliminary notice; see notice of intent (Conn. Gen. Stat. § 49-35).
Notice of intent: Required for claimants other than the original contractor and subs with a written contract the original contractor assented to in writing (e.g., sub-subs and suppliers): written notice of intent to claim a lien, served on the owner and original contractor after starting and within 90 days after last furnishing. An original contractor is entitled to this notice only if it lodged an affidavit with the town clerk within 15 days after starting (Conn. Gen. Stat. § 49-35).
Enforce within: Foreclosure action and recorded lis pendens within 1 year after the lien is recorded, or within 60 days after final disposition of a § 49-35a application, whichever is later (Conn. Gen. Stat. § 49-39).
Homeowner rules: Total liens cannot exceed the price the owner agreed to pay, and the owner gets credit for good-faith payments to the original contractor made before receiving notice of a lien; payments made ahead of the contract schedule count only if known suppliers got 5 days' written notice (Conn. Gen. Stat. § 49-36).
The law: Conn. Gen. Stat. Ch. 847, §§ 49-33 to 49-40
Good to know: Connecticut subcontractors without a written, signed-off contract with the general contractor must serve a notice of intent on the owner within 90 days after their last work, the same window as the lien itself.

Sources: prdext2.cga.ct.gov · law.justia.com · law.justia.com · law.justia.com · law.justia.com

DelawareOfficial source

Lien deadline (prime): File the statement of claim in Superior Court within 180 days after completion of the structure; also timely if within 180 days of events such as the contract completion date, receipt of 90% of the price, the final invoice, a certificate of occupancy, acceptance, or permanent financing (25 Del. C. § 2711(a)).
Lien deadline (sub/supplier): Within 120 days after completion of the claimant's labor or last delivery of materials; also timely within 120 days of the date final payment (with retainage) was due to the claimant, or final payment was made to the direct contractor (25 Del. C. § 2711(b)).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required.
Notice of intent: Not required.
Enforce within: No separate suit deadline. The sworn statement of claim filed in Superior Court can serve as the complaint, and the claim proceeds by writ of scire facias (25 Del. C. §§ 2712, 2714-2716).
Homeowner rules: No lien can be obtained on land or a structure used solely as the owner's residence once the owner has paid the contractor in full in good faith; at final payment the contractor must give a notarized certification that subs and suppliers are paid, or a release of liens. Advance lien waivers are void (25 Del. C. §§ 2706, 2707).
The law: 25 Del. C. Ch. 27 (Mechanics' Liens), § 2701 et seq.
Good to know: In Delaware, a homeowner who pays the contractor in full in good faith is protected from liens on a home used solely as a residence; ask for the contractor's paid-in-full certification or lien release at final payment.

Sources: delcode.delaware.gov · delcode.delaware.gov

District of ColumbiaOfficial source

Lien deadline (prime): Record the notice of intent to hold a lien during construction or within 90 days after the earlier of completion or termination of the project, and send the owner a copy by certified mail within 5 business days after recording (D.C. Code § 40-301.02).
Lien deadline (sub/supplier): Same as prime (D.C. Code §§ 40-301.02, 40-303.01), plus service of the notice on the owner (§ 40-303.03).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): No preliminary notice, but a sub must serve the owner with a copy of its recorded notice; until it does, the owner's payments to the contractor reduce what the sub can claim (D.C. Code § 40-303.03). A written notice of the amount owed, given while the owner still owes the contractor at least that much, preserves rights against an owner who later pays in full (§ 40-303.02).
Notice of intent: No separate pre-filing notice. The lien itself is perfected by recording a notice of intent to hold a lien (D.C. Code § 40-301.02).
Enforce within: Suit within 180 days after the notice of intent is recorded, and a notice of pendency recorded within 10 days of filing suit, or the lien terminates (D.C. Code § 40-303.13).
Homeowner rules: A sub's lien is limited to what the owner still owes the contractor. An owner who paid the contractor in full in good faith takes free of sub and supplier liens unless the claimant gave written notice of the amount owed while enough was still unpaid (D.C. Code § 40-303.02).
The law: D.C. Code Title 40, Ch. 3 (Mechanics' Liens), §§ 40-301.01 to 40-305.01
Good to know: In D.C., the lien deadline runs from when the whole project is finished or terminated, not from your last day on the job. A homeowner who paid the contractor in full in good faith is protected unless a sub notified them in writing first.

Sources: code.dccouncil.gov · code.dccouncil.gov · code.dccouncil.gov · code.dccouncil.gov · code.dccouncil.gov · code.dccouncil.gov

FloridaOfficial source

Lien deadline (prime): Record the claim of lien within 90 days after final furnishing of labor, services or materials (if the contract was terminated, the earlier of 90 days after termination or final furnishing), and serve the owner before or within 15 days after recording (Fla. Stat. § 713.08).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): No notice to owner (the prime is in privity). On contracts over $2,500 for one- to four-unit dwellings, the contract must include the statutory construction-lien disclosure in 12-point bold capitals, signed and dated by the owner; failure bars enforcement only against an owner who was adversely affected (Fla. Stat. § 713.015).
Preliminary notice (sub/supplier): Required. Lienors not in privity with the owner (except laborers) must serve a Notice to Owner before starting or within 45 days after starting, and before the owner's final payment; sub-subs and suppliers to subs also send a copy to the contractor. Missing or late notice is a complete defense (Fla. Stat. § 713.06(2)(a)).
Notice of intent: Not required.
Enforce within: Action within 1 year after recording (or after an amended claim showing a later final furnishing date); 60 days after service if the owner records a notice of contest of lien (Fla. Stat. § 713.22). A contractor must give the owner its final payment affidavit at least 5 days before suing (§ 713.06(3)(d)).
Homeowner rules: Owners who pay properly, paying lienors who served a Notice to Owner and holding final payment until the contractor's final affidavit, limit their exposure (Fla. Stat. § 713.06(3)). Residential contracts over $2,500 must carry the lien disclosure (§ 713.015).
The law: Fla. Stat. Ch. 713, Part I (Construction Liens), § 713.001 et seq.
Good to know: Florida subcontractors and suppliers must send a Notice to Owner within 45 days of starting work. Homeowners should get a lien release from anyone who sent one before paying the contractor.

Sources: leg.state.fl.us · leg.state.fl.us · leg.state.fl.us · leg.state.fl.us

GeorgiaSecondary source

Lien deadline (prime): File the claim of lien with the superior court clerk within 90 days after completing the work or furnishing the materials, and send the owner a copy within 2 business days by registered or certified mail or overnight delivery (O.C.G.A. § 44-14-361.1(a)(2)).
Lien deadline (sub/supplier): Same as prime; also send a copy to the contractor if a notice of commencement was filed (O.C.G.A. § 44-14-361.1).
Preliminary notice (prime): Not required. Any lien claimant may file an optional preliminary notice of lien within 30 days after furnishing (O.C.G.A. § 44-14-361.3).
Preliminary notice (sub/supplier): If a notice of commencement was filed, claimants without privity with the contractor must send the owner and contractor a notice to contractor within 30 days after the later of the NOC filing or first furnishing; if no NOC was filed, the requirement doesn't apply (O.C.G.A. § 44-14-361.5). Optional preliminary notice of lien (§ 44-14-361.3).
Notice of intent: Not required.
Enforce within: Lien action within 365 days after filing the claim, and a notice of the action filed with the clerk within 30 days after starting it (O.C.G.A. § 44-14-361.1).
Homeowner rules: A lien is dissolved if, at final payment, the owner obtained the contractor's sworn statement that the claimant was paid or waived and no preliminary notice or lien was of record (O.C.G.A. § 44-14-361.2). A claim missing the statutory notice of the owner's right to contest is invalid (§ 44-14-361.1).
The law: O.C.G.A. Title 44, Ch. 14, Art. 8, Part 3 (Mechanics and Materialmen), §§ 44-14-360 to 44-14-369
Good to know: Georgia gives 90 days after your last work to file and a year to sue. If a notice of commencement is posted, subs and suppliers without a direct contract with the general contractor must send a notice to contractor within 30 days.

Sources: law.justia.com · codes.findlaw.com · law.justia.com · law.justia.com · law.justia.com

HawaiiOfficial source

Lien deadline (prime): File an application for a mechanic's lien and notice of lien in circuit court within 45 days after the date of completion, and serve the owner and contracting party as with a summons; the court holds a probable-cause hearing (HRS § 507-43). The date of completion is when a notice of completion is published (twice, 7 days apart) and the affidavit of publication is filed; if none is filed within 1 year after actual completion, the date of completion is 1 year after actual completion (§ 507-43(f)-(g)).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): No preliminary lien notice, but before a homeowner signs, a licensed contractor doing home construction or improvement must explain all parties' lien rights and the owner's option to require a bond, and the written contract (signed by both, before work starts) must include that information (HRS § 444-25.5). Courts have held a noncompliant contract unenforceable, leaving the contractor no lien (case notes to HRS § 507-42).
Preliminary notice (sub/supplier): Not required.
Notice of intent: Not required.
Enforce within: The lien expires 3 months after the court's order directing the lien to attach unless proceedings to enforce it are started within that time (HRS § 507-43(e)).
Homeowner rules: A contractor who skips the lien-rights and bonding disclosures before a home construction or improvement contract commits an unfair or deceptive practice, and courts have treated the contract as unenforceable, defeating the lien; homeowners cannot waive these protections (HRS § 444-25.5).
The law: HRS Ch. 507, Part II (Mechanic's and Materialman's Lien), § 507-41 et seq.
Good to know: Hawaii's 45-day lien window usually starts when a notice of completion is published, not when you finish. Contractors must explain lien rights and bonding to homeowners before they sign.

Sources: data.capitol.hawaii.gov · data.capitol.hawaii.gov · data.capitol.hawaii.gov

IdahoSecondary source

Lien deadline (prime): File the claim of lien with the county recorder within 90 days after completion of the labor or services or furnishing of materials, and serve a copy on the owner within 5 business days after filing (Idaho Code § 45-507).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): No lien notice. On residential (one to four units) contracts over $2,000, the general contractor must give the homeowner a signed-for disclosure statement (lien waivers, insurance proof, extended title coverage, bond option) before contracting, plus a list of subs and suppliers over $500 before final payment (Idaho Code § 45-525). Failure is a consumer protection violation; the statute does not tie it to lien rights.
Preliminary notice (sub/supplier): Not required.
Notice of intent: Not required.
Enforce within: Proceedings within 6 months after the claim is filed; a payment or credit extension endorsed on the lien record restarts the 6 months (Idaho Code § 45-510).
Homeowner rules: Before signing a residential contract over $2,000, the homeowner must get the contractor's disclosure of the right to require lien waivers from subs, insurance proof, extended title insurance and a surety bond (Idaho Code § 45-525).
The law: Idaho Code Title 45, Ch. 5 (Liens of Mechanics and Materialmen), § 45-501 et seq.
Good to know: In Idaho, a lien must be filed within 90 days after your last work and served on the owner within 5 business days. Homeowners signing a contract over $2,000 should receive the contractor's lien and insurance disclosure.

Sources: law.justia.com · law.justia.com · law.justia.com

IllinoisOfficial source

Lien deadline (prime): Record a claim for lien within 4 months after completion to bind third parties such as lenders and buyers; against the owner, within 2 years after completion of the contract (770 ILCS 60/7). On an owner-occupied single-family residence, give the owner written notice within 10 days after recording (60/7(d)).
Lien deadline (sub/supplier): Serve the 90-day notice (60/24); then a claim for lien or suit follows the Sec. 7 and Sec. 9 time limits (770 ILCS 60/28).
Preliminary notice (prime): No preliminary lien notice. For an owner-occupied single-family residence, the contractor must give the owner the Sec. 5(b) boldface notice before the first payment, and must give a sworn statement listing all subs and suppliers before the owner pays (770 ILCS 60/5).
Preliminary notice (sub/supplier): Notice of claim to the owner within 90 days after completing its work (770 ILCS 60/24). On an owner-occupied single-family residence, also notify the occupant within 60 days after first furnishing; later notice preserves the lien only to the extent the owner was not prejudiced by payments made before receiving it (770 ILCS 60/21(c)).
Notice of intent: Not required.
Enforce within: Suit within 2 years after completion of the contract (770 ILCS 60/9), or within 30 days after a written demand from the owner or another interested party, or the lien is forfeited (60/34).
Homeowner rules: The owner generally can't be made to pay more than the contract price unless subs gave notice (770 ILCS 60/21(d)). Payments made without getting the contractor's sworn statement are not protected against subs (60/5, 60/32). On an owner-occupied single-family home, the contractor must notify the owner within 10 days after recording a lien (60/7(d)).
The law: Mechanics Lien Act, 770 ILCS 60/0.01 et seq.
Good to know: Illinois subcontractors on an owner-occupied single-family home should notify the homeowner within 60 days of starting, not just the 90-day notice after finishing. Homeowners should get the contractor's sworn statement before each payment.

Sources: law.justia.com · ilga.gov · ilga.gov · ilga.gov · ilga.gov

IndianaSecondary source

Lien deadline (prime): Record the sworn statement and notice of intention to hold a lien within 60 days after performing labor or furnishing materials for a Class 2 (residential) structure, 90 days otherwise; the recorder mails a copy to the owner within 3 business days (IC 32-28-3-3).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required. (The owner and contractor on a Class 2 residential structure can agree that no lien may attach, if the contract is in writing, acknowledged and recorded within 5 days after signing; IC 32-28-3-1(e)-(f).)
Preliminary notice (sub/supplier): Required on residential work. New single- or two-family home for the owner's occupancy: suppliers and others furnishing on credit must give the owner written notice and file a copy with the county recorder within 60 days after first delivery or labor. Alteration or repair of an owner-occupied single- or two-family home for someone other than the owner: written notice to the occupying owner within 30 days after first delivery or labor. Each is a condition precedent to the lien (IC 32-28-3-1(h)-(i)).
Notice of intent: Not required as a separate step; the lien is a sworn statement and notice of intention to hold a lien (IC 32-28-3-3).
Enforce within: Foreclosure complaint within 1 year after recording (or after a recorded written credit expires), or the lien is void (IC 32-28-3-6).
Homeowner rules: Subs and suppliers who miss the 30- or 60-day residential notice have no lien. A buyer for value without notice of a new home for their own occupancy takes free of construction liens not recorded before the deed (IC 32-28-3-1(h)-(j)).
The law: Ind. Code 32-28-3 (Mechanic's Liens)
Good to know: Indiana gives only 60 days to record a lien on residential work, and subs and suppliers on a homeowner's remodel must notify the owner within 30 days of starting.

Sources: law.justia.com · law.justia.com · law.justia.com

IowaOfficial source

Lien deadline (prime): Post the lien on the MNLR within 90 days after last furnishing for full rights; posting is allowed up to 2 years and 90 days after last furnishing, but late liens need notice to the owner and reach only the unpaid balance (Iowa Code §§ 572.9-572.11).
Lien deadline (sub/supplier): Same as prime. An owner's payments to the contractor don't defeat a sub that posts within 90 days, subject to the residential preliminary-notice limits (Iowa Code §§ 572.14, 572.13B).
Preliminary notice (prime): Required on residential construction (single- or two-family dwellings): the general contractor must post a notice of commencement of work on the state Mechanics' Notice and Lien Registry (MNLR) within 10 days after work begins, or it has no lien (Iowa Code § 572.13A).
Preliminary notice (sub/supplier): Required on residential construction: post a preliminary notice on the MNLR (no fixed day count). A sub that never posts has no lien, and the lien is limited to what the owner still owed the general contractor when the notice was posted and received (Iowa Code § 572.13B).
Notice of intent: Not required within 90 days. A lien posted more than 90 days after last furnishing requires written notice to the owner and reaches only what the owner still owes the contractor (Iowa Code §§ 572.10, 572.11).
Enforce within: Action within 2 years after the 90-day period following last furnishing ends (Iowa Code § 572.27), or within 30 days after the owner's written demand (§ 572.28).
Homeowner rules: On residential jobs, a sub's lien is capped at what the owner still owed the general contractor when the sub's preliminary notice arrived, so owners should check the MNLR before paying (Iowa Code § 572.13B).
The law: Iowa Code Ch. 572 (Mechanics' Liens)
Good to know: Iowa runs liens through an online state registry. On home jobs, the general contractor must post a commencement notice within 10 days and subs must post a preliminary notice there, or they lose lien rights.

Sources: legis.iowa.gov

KansasOfficial source

Lien deadline (prime): File the lien statement with the district court clerk within 4 months after last furnishing. Non-residential projects can extend to 5 months by filing a notice of extension; residential cannot (K.S.A. 60-1102).
Lien deadline (sub/supplier): Within 3 months after last furnishing, and serve a copy on an owner; the 5-month extension is not available on residential property (K.S.A. 60-1103).
Preliminary notice (prime): Not required for the contractor's own lien. On a new home, any claimant who wants its lien to survive a sale to a good-faith buyer must file a notice of intent to perform with the district court clerk before the deed is recorded (K.S.A. 60-1103b).
Preliminary notice (sub/supplier): Required on residential property (an owner-occupied home, or a new home that will be an individual's principal residence, up to two families): the claimant must mail the statutory warning statement to an owner, or hold an owner-signed statement that the general contractor or claimant gave it. Not required for claims of $250 or less (K.S.A. 60-1103a). Owner payments made before the warning is received reduce the lien (60-1103(d)).
Notice of intent: Not required.
Enforce within: Foreclosure action within 1 year after filing the lien statement (or 1 year after maturity of an attached promissory note) (K.S.A. 60-1105).
Homeowner rules: The owner isn't liable beyond the original contract price, except for payments made before the sub's 3-month filing period runs (when no warning statement is required) or after receiving the warning statement (K.S.A. 60-1103(d)).
The law: K.S.A. 60-1101 to 60-1110 (Mechanics' liens)
Good to know: Kansas subcontractors and suppliers working on a home must send the owner the state's warning statement to have lien rights, and only get 3 months after their last work to file.

Sources: ksrevisor.gov · ksrevisor.gov · ksrevisor.gov · ksrevisor.gov · ksrevisor.gov

KentuckySecondary source

Lien deadline (prime): File the lien statement with the county clerk within 6 months after last furnishing, and mail the owner a copy within 7 days after filing or the lien dissolves (KRS 376.080).
Lien deadline (sub/supplier): Same as prime, after the notice of intent.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): See notice of intent (KRS 376.010).
Notice of intent: Claimants not hired by the owner must give the owner written notice of intent to hold the property liable, with the amount, or they get no lien: within 75 days after last furnishing on an owner-occupied single- or two-family dwelling; on other property, 75 days for claims under $1,000 and 120 days for larger claims (KRS 376.010(4)-(5)). Mailing to the owner's last known address is enough.
Enforce within: Action within 12 months after filing the lien statement (KRS 376.090).
Homeowner rules: On an owner-occupied single- or two-family home, sub and supplier liens don't apply to the extent the owner paid the contractor before receiving the 75-day notice (KRS 376.010(5)). Total liens can't exceed the original contract price (§ 376.010).
The law: KRS Ch. 376 (Statutory Liens), §§ 376.010-376.210
Good to know: Kentucky subcontractors and suppliers on an owner-occupied home must notify the owner within 75 days of their last work, and a homeowner who paid the contractor before getting that notice is protected.

Sources: law.justia.com · law.justia.com · law.justia.com

LouisianaSecondary source

Lien deadline (prime): No notice of contract filed (typical home job): file the statement of claim or privilege within 60 days after the owner files a notice of termination, or, if none, after substantial completion or abandonment (La. R.S. 9:4822(A)). If a notice of contract was filed: 60 days after a notice of termination, or 7 months after substantial completion or abandonment if none (9:4822(C)).
Lien deadline (sub/supplier): No notice of contract: same 60 days (70 days on residential work with the notice of nonpayment). If a notice of contract was filed: 30 days after a notice of termination, or 6 months after substantial completion or abandonment if none, with a copy to the owner (La. R.S. 9:4822(B), (D)).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): No general preliminary notice. See the residential notice of nonpayment under notice of intent.
Notice of intent: Not a condition of the lien. On residential work with no timely notice of contract, a subcontractor, supplier or equipment lessor (not the general contractor) who gives the owner a notice of nonpayment (amount and nature of the claim) before the 60-day filing period runs and at least 10 days before filing gets 70 days instead of 60 to file (La. R.S. 9:4822(D)).
Enforce within: Suit against the owner within 1 year after filing the statement of claim or privilege (La. R.S. 9:4823(A)).
Homeowner rules: On residential work without a notice of contract, a sub or supplier can stretch its 60-day filing window to 70 days only by first sending the owner a notice of nonpayment at least 10 days before filing (La. R.S. 9:4822(D)). Filing a notice of termination starts the 60-day clock (9:4822(A)).
The law: Louisiana Private Works Act, La. R.S. 9:4801 et seq.
Good to know: Louisiana's lien window on a typical home job is 60 days from the owner's notice of termination or substantial completion. On residential work, a notice of nonpayment at least 10 days before filing stretches that to 70 days.

Sources: law.justia.com · law.justia.com · law.justia.com

MaineOfficial source

Lien deadline (prime): No lien statement is required for work under a contract with the owner; the lien is preserved by filing suit within 120 days after the last labor, services or materials (10 M.R.S. §§ 3253(2), 3255(1)).
Lien deadline (sub/supplier): File a sworn statement with the registry of deeds within 90 days after last furnishing and mail the owner a copy (10 M.R.S. § 3253(1)); then sue within 120 days after last furnishing (§ 3255(1)).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required. An optional written notice to the owner (with the statutory warning at the top) cuts off the owner's payment defense for later payments (10 M.R.S. § 3255(3)).
Notice of intent: Not required.
Enforce within: Action in Superior or District Court within 120 days after last furnishing (10 M.R.S. § 3255(1)). Where there's no contract with the owner, the complaint can't be served on the owner until 30 days after filing.
Homeowner rules: When the claimant had no contract with the owner, the lien is limited to what the owner still owed its contractor, counting only payments made before the claimant sued or gave written notice (10 M.R.S. § 3255(3)).
The law: 10 M.R.S. Ch. 603 (Mechanics' Liens), §§ 3251-3269
Good to know: In Maine, a contractor's lien is preserved only by filing a lawsuit within 120 days after the last work. Subs must also record a lien statement within 90 days.

Sources: legislature.maine.gov · legislature.maine.gov · legislature.maine.gov · legislature.maine.gov

MarylandOfficial source

Lien deadline (prime): File a petition to establish the lien in circuit court within 180 days after the work is finished or materials furnished (Real Prop. § 9-105).
Lien deadline (sub/supplier): Same 180 days, after the 120-day notice (Real Prop. §§ 9-104, 9-105).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): No pre-work notice; see the 120-day notice of intention under notice of intent (Md. Code, Real Prop. § 9-104).
Notice of intent: Subcontractors: sworn 'Notice to Owner or Owner's Agent of Intention to Claim a Lien' sent by certified or registered mail or personally delivered (or posted on the building before a witness if delivery fails) within 120 days after doing the work or furnishing materials (Real Prop. § 9-104).
Enforce within: Petition to enforce within 1 year after the petition to establish the lien was first filed (Real Prop. § 9-109).
Homeowner rules: For a single-family dwelling built for the owner's own residence, a sub has no lien if the owner paid the contractor in full before receiving the sub's notice, and the lien can't exceed what the owner still owed when notified (Real Prop. § 9-104(a)(2), (f)(3)). Repairs or improvements are lienable only if they reach 15% of the building's value (§ 9-102(a)).
The law: Md. Code, Real Property Title 9, Subtitle 1 (Mechanics' Liens), §§ 9-101 to 9-114
Good to know: In Maryland, a remodel must add at least 15% to a building's value to be lienable, and on a new home built for the owner, a sub has no lien if the owner paid the contractor in full before getting the sub's notice.

Sources: mgaleg.maryland.gov · mgaleg.maryland.gov · mgaleg.maryland.gov · mgaleg.maryland.gov

MassachusettsOfficial source

Lien deadline (prime): Two steps. (1) Record a notice of contract at the registry of deeds by the earliest of 60 days after a notice of substantial completion, 90 days after a notice of termination, or 90 days after last furnishing (§ 2). (2) Record a statement of account by the earliest of 90 days after a notice of substantial completion, 120 days after a notice of termination, or 120 days after last furnishing (M.G.L. c. 254, § 8).
Lien deadline (sub/supplier): Same two steps and deadlines (M.G.L. c. 254, §§ 4, 8), plus actual notice of the recorded notice of contract to the owner; the sub needs a written contract with its contractor or subcontractor (§ 4).
Preliminary notice (prime): Not required. The lien requires a written contract and a recorded notice of contract (M.G.L. c. 254, § 2).
Preliminary notice (sub/supplier): Claimants without a direct contract with the general contractor (sub-subs, suppliers to subs) must send the general contractor a notice of identification by certified mail, return receipt requested, within 30 days after starting, or their lien is limited to what the GC owes their subcontractor (M.G.L. c. 254, § 4).
Notice of intent: Not required.
Enforce within: Civil action within 90 days after filing the statement of account (M.G.L. c. 254, § 11).
Homeowner rules: A sub's lien can't exceed what is due or to become due under the owner's original contract when the owner receives notice of the sub's filing (M.G.L. c. 254, § 4).
The law: M.G.L. c. 254 (Liens on Buildings and Land)
Good to know: Massachusetts liens take two recordings: a notice of contract (generally within 90 days of your last work) and a statement of account (generally within 120 days), then suit within 90 days.

Sources: malegislature.gov · malegislature.gov · malegislature.gov · malegislature.gov

MichiganOfficial source

Lien deadline (prime): Record the claim of lien with the register of deeds within 90 days after the claimant's last furnishing of labor or material, and serve it on the designee (or owner) within 15 days after recording (MCL 570.1111).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): No notice of furnishing (the general contractor with a direct contract is exempt, MCL 570.1109(1)). On a residential structure, the contractor has no lien unless it worked under a written contract with the owner (amendments also in writing) that states the licensing requirements and, if licensed, the license number (MCL 570.1114).
Preliminary notice (sub/supplier): Required. Notice of furnishing to the designee and general contractor named in the notice of commencement (or the owner if no designee) within 20 days after first furnishing. Late notice still protects later work, and earlier work except to the extent the owner already paid the contractor under a sworn statement or lien waiver (MCL 570.1109).
Notice of intent: Not required.
Enforce within: Foreclosure action within 1 year after the claim of lien was recorded, with a recorded notice of lis pendens (MCL 570.1117).
Homeowner rules: A contractor has no lien on a home without a written contract containing the licensing statement (MCL 570.1114). A lien does not attach to a residential structure to the extent the owner has paid the contractor under the contract, if the owner files an affidavit with the court showing the payments (MCL 570.1118a). Owners who pay against a sworn statement or lien waivers are protected against late-noticed sub claims (MCL 570.1109).
The law: Construction Lien Act, 1980 PA 497, MCL 570.1101 et seq.
Good to know: Michigan subcontractors and suppliers must send a notice of furnishing within 20 days of first working on the job, and contractors need a written contract with the license statement to lien a home. A homeowner who paid the contractor under the contract can keep a lien off the home, to the extent of those payments, by filing an affidavit with the court.

Sources: legislature.mi.gov · legislature.mi.gov · legislature.mi.gov · legislature.mi.gov · legislature.mi.gov · legislature.mi.gov

MinnesotaOfficial source

Lien deadline (prime): Record the lien statement and serve the owner within 120 days after the last work or last item furnished (Minn. Stat. § 514.08).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Required for a contractor with a direct contract who has contracted or will contract with subs or suppliers: put the statutory prelien notice in the written contract, or deliver it within 10 days after the work is agreed upon if there is no written contract; otherwise it has no lien. Not required for residential buildings over 4 units or large nonresidential projects (Minn. Stat. § 514.011, subds. 1, 4b, 4c).
Preliminary notice (sub/supplier): Required. Written notice to the owner, personally or by certified mail, within 45 days after first furnishing. A good-faith effort to comply saves the lien unless someone proves damage (Minn. Stat. § 514.011, subd. 2).
Notice of intent: Not required.
Enforce within: Complaint or answer within 1 year after the date of the last item in the recorded lien statement, with a notice of lis pendens (Minn. Stat. § 514.12).
Homeowner rules: The required notices tell owners they may pay subs and suppliers directly or withhold from the contractor until 120 days after completion unless they receive signed lien waivers (Minn. Stat. § 514.011).
The law: Minn. Stat. Ch. 514 (Liens; Labor, Material), §§ 514.01-514.17
Good to know: Minnesota contractors who use subs or suppliers lose lien rights if the state's prelien notice isn't in the homeowner contract (or delivered within 10 days if there's no written contract), and subs must notify the owner within 45 days of starting.

Sources: revisor.mn.gov · revisor.mn.gov · revisor.mn.gov

MississippiSecondary source

Lien deadline (prime): Record the claim of lien with the chancery clerk within 90 days after the claimant's last work or materials, and send the owner a copy within 2 business days after filing (Miss. Code § 85-7-405).
Lien deadline (sub/supplier): Same as prime, with a copy to the contractor; on single-family residential, only after the 10-day pre-lien notice (Miss. Code §§ 85-7-405, 85-7-409).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Single-family residential: subs, suppliers and design professionals not in privity with the owner must give the owner a written pre-lien notice (statutory form) at least 10 days before filing a claim of lien; it is a condition precedent (Miss. Code § 85-7-409(2)-(3)).
Notice of intent: Single-family residential: the 10-day pre-lien notice above. Otherwise not required.
Enforce within: Payment action within 180 days after filing the claim of lien, with a lis pendens (Miss. Code § 85-7-405).
Homeowner rules: On single-family residential work, the owner's payment to the contractor is a complete defense to sub and supplier liens, to the extent paid before the owner received a pre-lien notice (Miss. Code § 85-7-409(1)).
The law: Miss. Code Title 85, Ch. 7, Art. 21 (Special Liens on Real Estate), §§ 85-7-401 to 85-7-433
Good to know: On a Mississippi single-family home, subcontractors and suppliers must send the owner a pre-lien notice at least 10 days before filing, and a homeowner who paid the contractor before getting it is protected.

Sources: law.justia.com · law.justia.com · law.justia.com

MissouriOfficial source

Lien deadline (prime): File the lien statement with the circuit clerk within 6 months after the debt accrues (RSMo 429.080).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Required. Before receiving any payment, the original contractor must give the owner the 10-point bold 'NOTICE TO OWNER' (at contract signing, first delivery, start of work, or with the first invoice); it is a condition precedent to the contractor's lien. Not required for new residences where the buyer gets lien coverage from a title insurer (RSMo 429.012).
Preliminary notice (sub/supplier): On repair, remodeling or additions to owner-occupied residential property of 4 units or less, subs and suppliers have no lien unless an owner signed the statutory 'CONSENT OF OWNER' agreeing to be liable; a signed copy must be attached to the lien (RSMo 429.013).
Notice of intent: Required for everyone except the original contractor: written notice to the owner at least 10 days before filing the lien (RSMo 429.100).
Enforce within: Suit within 6 months after filing the lien (RSMo 429.170).
Homeowner rules: On owner-occupied homes of 4 units or less, paying the contractor in full is a complete defense to sub and supplier liens unless the owner signed the consent; partial payment offsets to that extent (RSMo 429.013(4)).
The law: RSMo Ch. 429, §§ 429.010-429.340 (Mechanics' and materialmen's liens)
Good to know: In Missouri, a sub or supplier on a homeowner's remodel has no lien unless the owner signed a separate consent form, and a homeowner who paid the contractor in full owes subs nothing more.

Sources: revisor.mo.gov · revisor.mo.gov · revisor.mo.gov · revisor.mo.gov · revisor.mo.gov · revisor.mo.gov

MontanaOfficial source

Lien deadline (prime): File the lien with the county clerk and recorder within 90 days after final furnishing of services or materials, or within 90 days after the owner files a notice of completion, and certify service of a copy on the owner of record (MCA 71-3-535).
Lien deadline (sub/supplier): Same as prime; an unexpired notice of right to claim a lien must be on file when the lien is filed (MCA 71-3-531(6)).
Preliminary notice (prime): Not required (original contractors furnishing directly to the owner are exempt, MCA 71-3-531(1)(a)).
Preliminary notice (sub/supplier): Required on residential work of fewer than 5 units (commercial and 5+ family dwellings are exempt; so are laborers): notice of right to claim a lien to the contracting owner by certified mail or acknowledged personal delivery within 20 days after first furnishing, and file a copy with the county clerk and recorder within 5 business days. Late notice covers only work in the 20 days before it and after. The 45-day lender-funded extension does not apply to owner-occupied residences (MCA 71-3-531).
Notice of intent: Not required.
Enforce within: Action within 2 years after the lien is filed (MCA 71-3-562).
Homeowner rules: The filed notice of right to claim a lien lapses after 1 year unless continued, and a lien can't be claimed without one on file (MCA 71-3-531(6)).
The law: MCA Title 71, Ch. 3, Part 5 (Construction Liens), § 71-3-521 et seq.
Good to know: Montana subcontractors and suppliers on homes must mail the owner a notice of right to claim a lien within 20 days of starting and file a copy with the county, or lose lien rights for earlier work.

Sources: mca.legmt.gov · mca.legmt.gov · mca.legmt.gov

NebraskaOfficial source

Lien deadline (prime): Record the lien within 120 days after final furnishing of services or materials (Neb. Rev. Stat. § 52-137).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Optional notice of right to assert a lien to the contracting owner (Neb. Rev. Stat. § 52-135), but against a 'protected party' (an owner who occupies or intends to occupy residential real estate of up to 4 units) a sub's lien is limited to the lesser of its unpaid amount or what remained unpaid on the prime contract when the owner received that notice (§§ 52-129, 52-136). In practice, send it early.
Notice of intent: Not required. Send the contracting owner a copy of the recorded lien within 10 days after recording (Neb. Rev. Stat. § 52-135(3)).
Enforce within: Enforceable for 2 years after recording; cut to 30 days after a written demand to sue from the owner or other interested person, unless the claimant sues or records an affidavit that the contract price isn't yet due (Neb. Rev. Stat. § 52-140).
Homeowner rules: Payments a homeowner makes in good faith before receiving a recorded lien or notice of right to assert a lien are protected (Neb. Rev. Stat. § 52-136). For protected-party homeowners, sub liens are capped by the unpaid prime contract balance when notice arrives.
The law: Nebraska Construction Lien Act, Neb. Rev. Stat. §§ 52-125 to 52-159
Good to know: On a Nebraska homeowner's job, a subcontractor who sends the owner a notice of right to assert a lien early protects more of its claim, because the owner's good-faith payments made before the notice reduce the lien.

Sources: nebraskalegislature.gov · nebraskalegislature.gov · nebraskalegislature.gov · nebraskalegislature.gov · nebraskalegislature.gov

NevadaOfficial source

Lien deadline (prime): Record the notice of lien within 90 days after the latest of completion of the work of improvement, the claimant's last delivery of materials, or its last work; or within 40 days after a valid notice of completion is recorded and served. Serve the owner within 30 days after recording (NRS 108.226, 108.227).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required (prime contractors and others contracting directly with the owner are exempt from the notice of right to lien, NRS 108.245).
Preliminary notice (sub/supplier): Required (except labor-only claimants): deliver a notice of right to lien to the owner in person or by certified mail after first furnishing; it covers work furnished within 31 days before delivery and afterward. Send a copy to the prime contractor (NRS 108.245).
Notice of intent: Required on single-family and multifamily residential projects: every claimant other than a laborer must serve a 15-day notice of intent to lien on the owner and reputed prime contractor, by personal delivery or certified mail, at least 15 days before recording; the recording deadline is extended by 15 days (NRS 108.226(6)).
Enforce within: Action within 6 months after recording; extendable by a recorded written agreement, but not beyond 1 year from recording (NRS 108.233).
Homeowner rules: On residential projects, material and equipment suppliers generally can't perfect a lien unless the owner received the 15-day notice of intent (NRS 108.226(6)). An owner may withhold the amount of a recorded lien from the prime contractor, who must defend the owner if already paid (NRS 108.235).
The law: NRS 108.221 to 108.246 (Mechanics' and materialmen's liens)
Good to know: On Nevada home projects, every lien claimant except laborers must send a 15-day notice of intent to lien to the owner and prime contractor before recording a lien.

Sources: leg.state.nv.us · law.justia.com

New HampshireSecondary source

Lien deadline (prime): No recording step. The lien lasts 120 days after the labor, services or materials are furnished (unless paid sooner) and is secured by attaching the property while it lasts, i.e., by suit with a writ of attachment within the 120 days (RSA 447:9, 447:10).
Lien deadline (sub/supplier): Same as prime, after the RSA 447:5 or 447:6 notice.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Subs and suppliers who notify the owner in writing before furnishing that they will claim a lien get the same lien as the contractor (RSA 447:5). Notice given after furnishing still works, but only to the extent of the amount then due or later due to the contractor or subcontractor (RSA 447:6). After notice, the claimant may give the owner a written account as often as every 30 days, and the owner must hold enough to pay it (RSA 447:8).
Notice of intent: Not required.
Enforce within: Secure the lien by attachment of the property while the lien continues, i.e., within 120 days after last furnishing; the writ and return must state that the attachment is to secure the lien (RSA 447:9, 447:10).
Homeowner rules: A sub who gives notice only after furnishing can lien only for what the owner still owes, or later owes, the contractor (RSA 447:6). An owner who receives a sub's account must hold back enough to pay it, and isn't liable for that sum unless the claimant pays it first (RSA 447:8).
The law: N.H. RSA Ch. 447 (Liens for Labor and Materials), §§ 447:2-447:12-b
Good to know: New Hampshire has no lien filing; a contractor must sue and attach the property within 120 days after the work. Subs should notify the owner in writing before starting to get full lien rights.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com

New JerseySecondary source

Lien deadline (prime): Residential: lodge the lien claim within 10 days after receiving the arbitrator's determination and no later than 120 days after last furnishing, and serve it (N.J.S.A. 2A:44A-6, 2A:44A-21). Non-residential: 90 days after last furnishing.
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required.
Notice of intent: Residential construction: lodge and serve a Notice of Unpaid Balance and Right to File Lien (NUB) within 60 days after last furnishing, then serve a demand for expedited AAA arbitration within 10 days after lodging the NUB. Both are conditions precedent to a residential lien (N.J.S.A. 2A:44A-21).
Enforce within: Suit within 1 year after last furnishing, or within 30 days after a written demand from the owner or other party (N.J.S.A. 2A:44A-14).
Homeowner rules: Residential lien disputes go to fast-track arbitration before any lien can be filed. A claimant who files a baseless, significantly overstated or improper NUB can owe the owner damages, costs and attorney's fees; total liens are reduced pro rata to the amount due under the contract (N.J.S.A. 2A:44A-21).
The law: Construction Lien Law, N.J.S.A. 2A:44A-1 et seq.
Good to know: New Jersey home jobs have a special process: a Notice of Unpaid Balance within 60 days of your last work, then quick arbitration, and only then the lien itself.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com

New MexicoSecondary source

Lien deadline (prime): File the claim of lien with the county clerk within 120 days after completion of the contract, and send the owner a copy within 15 days after filing (missing it can bar interest, fees and costs) (NMSA § 48-2-6).
Lien deadline (sub/supplier): Within 90 days after completion of the building, improvement, alteration or repair, plus the 15-day copy to the owner (NMSA § 48-2-6).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required on residential property of 4 or fewer units. (On other projects, claimants below the first tier with liens over $5,000 must give notice within 60 days after first furnishing, NMSA § 48-2-2.1.)
Notice of intent: Not required.
Enforce within: Suit or binding arbitration within 2 years after the claim of lien is filed (NMSA § 48-2-10).
The law: NMSA Chapter 48, Article 2 (Mechanics' and Materialmen's Liens), §§ 48-2-1 to 48-2-17
Good to know: New Mexico gives prime contractors 120 days and subs 90 days after completion to file, and homeowners of 1-4 unit homes don't get a preliminary notice from subs.

Sources: law.justia.com · law.justia.com · law.justia.com

New YorkOfficial source

Lien deadline (prime): File the notice of lien with the county clerk within 4 months after completion of the contract or final furnishing for a single-family dwelling (8 months for other property). Serve the owner within 5 days before or 30 days after filing, and file proof of service within 35 days after filing, or the lien terminates (N.Y. Lien Law §§ 10, 11).
Lien deadline (sub/supplier): Same as prime; a sub's lien can't exceed what was earned and unpaid on the contract when the notice was filed, plus later earnings (N.Y. Lien Law § 4).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required.
Notice of intent: Not required.
Enforce within: Foreclosure action and notice of pendency within 1 year after filing. On a single-family dwelling the lien can be extended only by court order (up to 1 year per order) (N.Y. Lien Law § 17).
Homeowner rules: Until served, an owner without knowledge of the lien is protected for good-faith payments to the contractor (N.Y. Lien Law § 11). Total liens are capped at the unpaid contract price when notices are filed (§ 4). 'Single-family dwelling' excludes lots a developer holds in a subdivision (§ 10).
The law: N.Y. Lien Law, Art. 2 (Mechanic's Liens), §§ 3-39-c
Good to know: New York gives only 4 months (not 8) to file a lien on a single-family home, and the lien must be served on the owner within 30 days after filing.

Sources: nysenate.gov · nysenate.gov · nysenate.gov · nysenate.gov

North CarolinaOfficial source

Lien deadline (prime): File and serve the claim of lien on real property within 120 days after last furnishing labor or materials at the site (G.S. 44A-11, 44A-12).
Lien deadline (sub/supplier): Same 120 days; first-tier subs enforce the contractor's lien by subrogation (G.S. 44A-23).
Preliminary notice (prime): No owner notice. Lien agent rule: owners must designate a lien agent for improvements of $40,000 or more, but not for improvements to an existing single-family home occupied by the owner (G.S. 44A-11.1). Where a lien agent is designated, claimants must give it a Notice to Lien Agent within 15 days after first furnishing to keep priority over later mortgages (G.S. 44A-11.2(l)).
Preliminary notice (sub/supplier): Same lien agent rule (G.S. 44A-11.2). Subs also have a lien on funds owed down the payment chain, perfected by a written notice of claim of lien upon funds to the obligor; payments made before that notice are protected (G.S. 44A-18, 44A-19, 44A-20). On larger projects, 2nd- and 3rd-tier subs can lose real property lien rights if a notice of contract is posted and they fail to serve a notice of subcontract (G.S. 44A-23).
Notice of intent: Not required.
Enforce within: Action within 180 days after last furnishing (not after filing), with lis pendens where needed (G.S. 44A-13).
Homeowner rules: Owners renovating their own occupied single-family home need not appoint a lien agent (G.S. 44A-11.1). An owner who pays the contractor before receiving a sub's notice of claim of lien upon funds is protected; payments after notice create personal liability (G.S. 44A-18(g), 44A-20).
The law: N.C. Gen. Stat. Ch. 44A, Art. 2 (Statutory Liens on Real Property), § 44A-7 et seq.
Good to know: In North Carolina, the suit to enforce a lien must be filed within 180 days of your last day on the job, not 180 days after filing the lien. Homeowners remodeling their own home don't need a lien agent.

Sources: ncleg.gov · ncleg.gov · ncleg.gov

North DakotaOfficial source

Lien deadline (prime): Record with the county recorder within 90 days after the claimant's contribution is done (N.D.C.C. § 35-27-13). A late filing still binds the owner except for amounts already paid to a contractor and good-faith purchasers, but no lien may be filed more than 3 years after the first item was furnished (§ 35-27-14).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not required.
Notice of intent: Required: written notice by certified mail to the owner that a lien will be claimed, at least 10 days before recording (N.D.C.C. § 35-27-02(4)).
Enforce within: Suit and lis pendens within 3 years after recording, or within 30 days after the owner's written demand is delivered and filed (N.D.C.C. § 35-27-25). Give the owner notice before suing: 10 days if personally served, 20 days by registered mail (§ 35-27-24).
Homeowner rules: An owner who successfully contests a lien's validity or accuracy must be awarded costs and attorney's fees (N.D.C.C. § 35-27-24.1).
The law: N.D. Cent. Code Ch. 35-27 (Construction Liens)
Good to know: North Dakota requires a certified-mail warning to the owner at least 10 days before a lien is recorded, and an owner who beats an invalid lien gets attorney's fees.

Sources: ndlegis.gov

OhioOfficial source

Lien deadline (prime): File the lien affidavit with the county recorder within 60 days after the last labor or materials for a one- or two-family dwelling or residential condo unit (75 days for other projects), and serve the owner within 30 days after filing (ORC 1311.06(B), 1311.07).
Lien deadline (sub/supplier): Same as prime, but on a home construction or purchase contract, no lien if the owner paid the original contractor in full before receiving a copy of the lien affidavit (ORC 1311.011(B)(1)).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Notice of furnishing within 21 days after first furnishing, but only if a notice of commencement was recorded; not required at all for work under a 'home construction contract' (ORC 1311.05(E), 1311.011). Late notice covers only the 21 days before service and after.
Notice of intent: Not required.
Enforce within: Lien lasts 6 years after filing unless an action is brought (ORC 1311.13(C)); the owner can serve notice to commence suit, and the lienholder then has 60 days or the lien is void (ORC 1311.11).
Homeowner rules: For one- and two-family homes and condo units under a home purchase or home construction contract, an owner who paid the original contractor in full before receiving a lien affidavit takes free of all mechanics' liens; if not paid in full, sub liens are capped at the unpaid balance (ORC 1311.011).
The law: ORC Ch. 1311, §§ 1311.01-1311.22 (Mechanics' Liens)
Good to know: Ohio gives only 60 days after your last work to file a lien on a house. Under a home construction or home purchase contract, an owner who paid the original contractor in full before getting a copy of a lien affidavit is protected.

Sources: codes.ohio.gov · codes.ohio.gov · codes.ohio.gov · codes.ohio.gov · codes.ohio.gov · codes.ohio.gov

OklahomaSecondary source

Lien deadline (prime): File the lien statement with the county clerk within 4 months after last furnishing (42 O.S. § 142).
Lien deadline (sub/supplier): Within 90 days after last furnishing, after the pre-lien notice (42 O.S. §§ 142.6, 143).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Pre-lien notice to the original contractor and an owner, before filing and no later than 75 days after last furnishing. On property occupied as a dwelling by an owner it is required regardless of claim size; otherwise claims under $10,000 and non-owner-occupied residential projects of 4 or fewer units are exempt (42 O.S. § 142.6, as amended eff. Jan. 1, 2026).
Notice of intent: Not required beyond the pre-lien notice.
Enforce within: Action within 1 year after filing the lien (42 O.S. § 172).
Homeowner rules: No sub or supplier lien on an owner-occupied dwelling is valid unless the pre-lien notice was sent within 75 days after last furnishing (42 O.S. § 142.6(B)(1)). The contractor can't sue the owner until the 90-day sub window passes, and the owner's payments to a sub during it count as payments to the contractor (§ 143).
The law: 42 O.S. §§ 141-153, 172 (Mechanics' and Materialmen's Liens)
Good to know: Oklahoma subcontractors and suppliers working on an owner-occupied home must send a pre-lien notice within 75 days of their last delivery, no matter how small the claim.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com

OregonOfficial source

Lien deadline (prime): File the claim of lien within 75 days after the claimant stops furnishing labor, materials or equipment, or 75 days after completion of construction, whichever is earlier; mail notice of filing to the owner and mortgagee within 20 days after filing (ORS 87.035, 87.039).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Required on residential jobs over $2,000: the original contractor must deliver the Construction Contractors Board's 'Information Notice to Owner About Construction Liens' when the contract is signed (or within 5 days after the price passes $2,000); otherwise it has no lien (ORS 87.093). A written contract required by ORS 701.305 is also a lien prerequisite (ORS 87.037). No notice of right to lien is needed for work requested by the owner (ORS 87.021).
Preliminary notice (sub/supplier): Required (except commercial improvements): notice of right to a lien to the owner; it protects only work furnished on or after 8 days (excluding weekends and holidays) before it is delivered or mailed (ORS 87.021). Subs who dealt with an unlicensed contractor can't lien an existing owner-occupied home they renovated (ORS 87.036).
Notice of intent: No notice before filing. Notice of intent to foreclose to the owner and mortgagee at least 10 days before suit (ORS 87.057); missing it bars fees and costs.
Enforce within: Suit within 120 days after the claim is filed; a payment extension stated in the claim can delay this, but not beyond 2 years from filing (ORS 87.055).
Homeowner rules: Contractors must give homeowners the CCB Information Notice to Owner on contracts over $2,000 or lose lien rights (ORS 87.093). No lien arises for services to an owner-occupied residence requested by the owner's agent (ORS 87.021).
The law: ORS Ch. 87, §§ 87.001-87.093 (Construction Liens)
Good to know: Oregon contractors lose lien rights on a home job over $2,000 if they don't hand the owner the state's Information Notice to Owner About Construction Liens, and liens must be filed within 75 days.

Sources: oregonlegislature.gov

PennsylvaniaOfficial source

Lien deadline (prime): File the claim within 6 months after completion of the claimant's work (last labor or last delivery of materials under its contract), serve notice of filing on the owner within 1 month after filing, and file an affidavit of service within 20 days after service (49 P.S. §§ 1201(8), 1502).
Lien deadline (sub/supplier): Same as prime, after the 30-day notice. No sub lien at all on a qualifying home whose owner paid the full contract price (49 P.S. § 1301(b)). An owner or contractor can force a sub to file within 30 days by rule (§ 1506).
Preliminary notice (prime): Not required on typical residential jobs. The State Construction Notices Directory (notice of commencement and 45-day notice of furnishing) applies only to 'searchable projects' costing $1.5 million or more (49 P.S. §§ 1201(18), 1501.1-1501.6).
Preliminary notice (sub/supplier): Not required on typical residential jobs. The old preliminary notice for alterations and repairs (§ 501(a)-(b)) was deleted by amendment. On searchable projects ($1.5 million+) where a Notice of Commencement was filed and posted, a notice of furnishing is due within 45 days after first furnishing (49 P.S. § 1501.3(b)).
Notice of intent: Subcontractors: formal written notice of intention to file to the owner at least 30 days before filing the claim (49 P.S. § 1501(b.1)). Not required for prime contractors.
Enforce within: Action within 2 years after filing the claim, unless the owner extends in writing; verdict or judgment within 5 years after filing (49 P.S. § 1701(b), (d)).
Homeowner rules: A sub has no lien on residential property if the owner (or tenant) paid the full contract price, the home is or will be the owner's residence, and it is a single townhouse or a one- or two-unit building (49 P.S. § 1301(b)). Lien waivers on residential property are valid if written and signed; on nonresidential jobs, waivers are void unless given for payment received (§ 1401). Claims must exceed $500 (§ 1301(a)).
The law: Mechanics' Lien Law of 1963, Act 497 of 1963, 49 P.S. §§ 1101-1902
Good to know: In Pennsylvania, a homeowner who paid the contractor the full contract price can't be liened by a subcontractor on a one- or two-unit home or townhouse they live in. Subs must give the owner 30 days' written notice before filing.

Sources: palegis.us · palegis.us

Rhode IslandOfficial source

Lien deadline (prime): Within 200 days after the work is done or materials furnished, mail the notice of intention to the owner and record it; work or materials furnished more than 200 days before filing aren't covered (R.I. Gen. Laws § 34-28-4).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Required. Before starting work, a contractor with a direct contract with the owner must give the 'NOTICE OF POSSIBLE MECHANIC'S LIEN', conspicuously in the written contract or by certified mail. Without it the contractor can't lien and must indemnify the owner against liens of others (R.I. Gen. Laws § 34-28-4.1).
Preliminary notice (sub/supplier): Not required.
Notice of intent: The lien itself is a notice of intention: mail it to the owner by registered or certified mail, return receipt requested, and record a copy in the land evidence records within the 200-day window (R.I. Gen. Laws § 34-28-4).
Enforce within: Complaint in superior court and a lis pendens within 40 days after recording the notice of intention (R.I. Gen. Laws § 34-28-10).
Homeowner rules: A direct contractor who skipped the pre-work notice must indemnify the owner against liens of subs and suppliers, unless the owner already paid that contractor (R.I. Gen. Laws § 34-28-4.1).
The law: R.I. Gen. Laws Ch. 34-28 (Mechanics' Liens)
Good to know: Rhode Island contractors must give homeowners a 'Notice of Possible Mechanic's Lien' before starting work, and after a lien is recorded the lawsuit must follow within 40 days.

Sources: webserver.rilegislature.gov · webserver.rilegislature.gov · webserver.rilegislature.gov · webserver.rilegislature.gov

South CarolinaOfficial source

Lien deadline (prime): Within 90 days after last furnishing, serve the owner (or person in possession) and file a sworn statement of account with the register of deeds or clerk of court (S.C. Code § 29-5-90).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required. Anyone with a direct agreement with the owner may file an optional Notice of Project Commencement within 15 days after starting ($15 fee); if none is filed, the sub-sub and supplier limits below don't apply (S.C. Code § 29-5-23).
Preliminary notice (sub/supplier): A claimant hired by someone other than the owner must notify the owner in writing of its furnishing and amount (no day count) (S.C. Code § 29-5-40). Where a Notice of Project Commencement was filed, sub-subs and suppliers to subs are limited to what the contractor owes their subcontractor unless they send the contractor a notice of furnishing by certified or registered mail; laborers with liens under $2,000 are exempt (§ 29-5-20(B), (D)).
Notice of intent: Not required.
Enforce within: Suit and notice of pendency within 6 months after last furnishing (S.C. Code § 29-5-120).
Homeowner rules: Total liens can't exceed what the owner still owes on the contract price (S.C. Code §§ 29-5-20, 29-5-40). The prevailing party recovers attorney's fees and costs, capped at the lien amount (§ 29-5-10).
The law: S.C. Code Title 29, Ch. 5 (Mechanics' Liens), § 29-5-10 et seq.
Good to know: In South Carolina, both the lien (90 days) and the lawsuit (6 months) are counted from your last day of work, so there's little time between filing and suing.

Sources: scstatehouse.gov

South DakotaOfficial source

Lien deadline (prime): File the lien statement with the register of deeds within 120 days after the last work or last item furnished (SDCL 44-9-15).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Generally not required. Where the notice of project commencement process (SDCL 44-9-50, 44-9-51) was used, sub-subs and suppliers to subs must mail the named contractor (copy to the owner) a notice of furnishing by certified or registered mail within 60 days after last furnishing to keep their lien; laborers with liens under $2,000 are exempt (SDCL 44-9-53).
Notice of intent: Mail the owner a copy of the lien statement by registered or certified mail before filing; the post office receipt must be attached to the filed statement (SDCL 44-9-17).
Enforce within: Complaint or answer within 6 years after the last item in the lien statement (SDCL 44-9-24), or within 30 days after a written demand to sue from the owner, agent or contractor, or the lien is forfeited (SDCL 44-9-26).
Homeowner rules: A lien does not affect homestead rights to the extent the homestead is exempt from execution (SDCL 44-9-5). An owner served with a sub's lien account may pay the sub and deduct it from the contractor if the contractor doesn't dispute it in writing within 15 days (SDCL 44-9-11).
The law: SDCL Ch. 44-9 (Mechanics' and Materialmen's Liens)
Good to know: South Dakota gives 120 days after your last work to file, but you must mail the owner a copy of the lien statement by certified mail before filing.

Sources: sdlegislature.gov · sdlegislature.gov · sdlegislature.gov · sdlegislature.gov · sdlegislature.gov · sdlegislature.gov

TennesseeSecondary source

Lien deadline (prime): No recording is needed to keep the lien against the owner: it lasts 1 year after the improvement is completed or abandoned (Tenn. Code § 66-11-106). To keep priority against later buyers or lenders, record a sworn statement within 90 days after completion or abandonment (§ 66-11-112).
Lien deadline (sub/supplier): No lien on owner-occupied residential property (Tenn. Code § 66-11-146(a)). On other property: serve a written notice of lien on the owner within 90 days after completion or abandonment; the lien then lasts 90 days from service unless suit is filed (§§ 66-11-112, 66-11-115).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Not applicable on owner-occupied residential property, where only the prime contractor has a lien (Tenn. Code § 66-11-146(a)). On other property, remote contractors must serve the owner and prime a notice of nonpayment within 90 days after the last day of each month they worked; that rule doesn't apply to one- to four-family residential units (§ 66-11-145).
Notice of intent: Not required.
Enforce within: Prime: suit within 1 year after the improvement is completed or abandoned (Tenn. Code § 66-11-106). Remote contractors on non-residential property: within 90 days after serving the notice of lien (§ 66-11-115).
Homeowner rules: On a home the owner lives in as a principal residence (one unit, or two to four units with the owner in one), only the prime contractor can claim a lien; subs and suppliers cannot lien the home (Tenn. Code § 66-11-146(a)).
The law: Tenn. Code Ann. Title 66, Ch. 11, Part 1 (Mechanics' and Materialmen's Liens), § 66-11-101 et seq.
Good to know: In Tennessee, subcontractors and suppliers can't put a lien on a home the owner lives in; only the contractor hired by the owner can. That lien lasts 1 year after the work is completed or abandoned, so suit must be filed within that year, and recording a sworn statement within 90 days protects it against later buyers and lenders.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com · codes.findlaw.com

TexasOfficial source

Lien deadline (prime): Residential: file the lien affidavit by the 15th day of the 3rd month after the month the original contract was completed, terminated or abandoned (4th month on other projects); send a copy to the owner within 5 days after filing (Tex. Prop. Code §§ 53.052(a), 53.055). Homestead affidavits must carry the 'NOTICE: THIS IS NOT A LIEN' heading (§ 53.254).
Lien deadline (sub/supplier): Residential: by the 15th day of the 3rd month after the month the claimant last furnished labor or materials; send copies to the owner and original contractor within 5 days (Tex. Prop. Code §§ 53.052(c), 53.055). Retainage claims: 15th day of the 3rd month after the month the original contract ended (§ 53.052(d)).
Preliminary notice (prime): No notice to the owner, but on a homestead the lien requires a written contract signed before work begins (by both spouses if married) and filed with the county clerk (Tex. Prop. Code § 53.254). Before a residential contract is signed, the original contractor must give the owner the 'Know Your Rights' disclosure statement; failure does not invalidate the lien (§ 53.255).
Preliminary notice (sub/supplier): Required: Notice of Claim for Unpaid Labor or Materials to the owner and original contractor by the 15th day of the 2nd month after the month the work or materials were provided (residential; 3rd month on other projects). On a homestead the notice must include the statutory homestead statement (Tex. Prop. Code §§ 53.056, 53.254).
Notice of intent: Not required beyond the notice of claim above.
Enforce within: Suit within 1 year after the last day the lien affidavit could have been filed; owner and claimant may extend by recorded written agreement up to 2 years after filing (Tex. Prop. Code § 53.158).
Homeowner rules: A homestead lien needs a written contract signed before work starts (by both spouses if married) and filed with the county clerk (Tex. Prop. Code § 53.254). An owner who keeps 10% of the contract price in reserve during the work and for 30 days after completion, and withholds payment after receiving a sub's or supplier's notice of claim, is generally not liable to subs and suppliers beyond those amounts (§§ 53.081, 53.084, 53.101).
The law: Tex. Prop. Code Ch. 53 (Mechanic's, Contractor's, or Materialman's Liens); Subch. K, Residential Construction Projects
Good to know: Texas home jobs run on short monthly deadlines: subs must notify the owner and general contractor by the 15th of the second month after each month of unpaid work. A lien on a homestead also needs a written contract signed before work starts.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com

UtahSecondary source

Lien deadline (prime): Record the notice of construction lien within 180 days after final completion of the original contract, or within 90 days after a notice of completion is filed (but no later than 180 days after final completion). Deliver or certified-mail a copy to the owner within 30 days after filing, or lose costs and attorney fees (Utah Code § 38-1a-502).
Lien deadline (sub/supplier): Same as prime. A sub that does substantial work after the final inspection or certificate of occupancy has 180 days after completing its own work (Utah Code § 38-1a-502).
Preliminary notice (prime): Required. Any person who wants a construction lien must file a preliminary notice on the State Construction Registry within 20 days after starting work; the statute has no exception for original contractors. A late notice can't cover work before 5 days after it is filed, and one filed more than 10 days after a notice of completion has no effect (Utah Code § 38-1a-501).
Preliminary notice (sub/supplier): Required. Same 20-day preliminary notice on the State Construction Registry (Utah Code § 38-1a-501).
Notice of intent: Not required.
Enforce within: Action and lis pendens within 180 days after filing the lien notice, or the lien is void. On a residence, the summons to the owner must include instructions on the owner's Title 38, Chapter 11 rights and a form, or the lien can't be enforced (Utah Code § 38-1a-701).
Homeowner rules: Subs and suppliers who didn't contract with the owner can't keep a lien on an owner-occupied residence if the owner had a written contract with a licensed (or exempt) contractor and paid it in full under that contract; subs have no lien where the general contract is $5,000 or less (Utah Code §§ 38-11-107, 38-11-204(4)).
The law: Utah Code Title 38, Ch. 1a (Preconstruction and Construction Liens); Ch. 11 (Residence Lien Restriction and Lien Recovery Fund Act)
Good to know: Utah requires everyone who wants lien rights, including the general contractor, to file a preliminary notice on the State Construction Registry within 20 days of starting. A homeowner who paid a licensed contractor in full under a written contract is protected from sub liens.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com · law.justia.com

VermontOfficial source

Lien deadline (prime): File a signed written memorandum of lien with the town clerk within 180 days after payment became due for the last labor or materials (9 V.S.A. §§ 1921(c), 1923).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Subs and suppliers not hired by the owner must give the owner (or agent) written notice that they will claim a lien, stating the payment due date if known. The lien reaches only contract amounts still unpaid when the owner receives it. No set deadline, so give it early (9 V.S.A. § 1921(b)).
Notice of intent: Not required.
Enforce within: Suit and attachment of the property within 180 days after filing the memorandum (or after payment comes due, if not yet due at filing); record a certified copy of the judgment within 5 months after judgment (9 V.S.A. §§ 1924, 1925).
Homeowner rules: The lien law applies to homestead property (9 V.S.A. § 1927). Advance lien waivers are unenforceable (§ 1921(f)). The owner's payments made before receiving a sub's notice reduce what the sub's lien can reach (§ 1921(b)).
The law: 9 V.S.A. Ch. 51, Subch. 1 (Mechanics' Liens), §§ 1921-1928
Good to know: Vermont's 180-day lien clock starts when payment for your last work came due, not when you finished. Subs should give the owner written notice early, because the lien only reaches money the owner still owes when the notice arrives.

Sources: legislature.vermont.gov

VirginiaOfficial source

Lien deadline (prime): Record a memorandum of lien no later than 90 days after the last day of the month in which the claimant last furnished labor or materials, and no later than 90 days after the building is completed. It can't include sums for work more than 150 days before the last day of work (retainage up to 10% excepted). General contractors also file a certification that a copy was mailed to the owner (Va. Code § 43-4).
Lien deadline (sub/supplier): Same deadlines (Va. Code §§ 43-4, 43-7, 43-9); a sub's lien can't exceed what the owner owes the general contractor (§ 43-7).
Preliminary notice (prime): Not required. For one- or two-family homes, the building permit may name a mechanics' lien agent (Va. Code § 43-4.01).
Preliminary notice (sub/supplier): Where the building permit for a one- or two-family home names a lien agent, subs and suppliers must notify the lien agent within 30 days after first furnishing (or after the permit issues); late notice limits the lien to work after the notice (Va. Code § 43-4.01). Subs must also give the owner written notice of the amount and character of the claim (Va. Code §§ 43-7, 43-9).
Notice of intent: Not required.
Enforce within: Suit within 6 months after recording the memorandum or 60 days after the building is completed or work terminated, whichever is later (Va. Code § 43-17).
Homeowner rules: A sub's lien is capped at what the owner owes the general contractor when notified (Va. Code § 43-7). Sellers of one- or two-family homes must give the buyer an affidavit at settlement that contractors in privity have been paid or listing amounts owed (§§ 43-13.2, 43-13.3).
The law: Va. Code Title 43, Ch. 1 (Mechanics' and Certain Other Liens), § 43-1 et seq.
Good to know: Virginia's lien deadline is 90 days after the end of the month you last worked, but never more than 90 days after the house is finished. On one- or two-family homes, check the building permit for a lien agent and notify it within 30 days of starting.

Sources: law.lis.virginia.gov · law.lis.virginia.gov · law.lis.virginia.gov

WashingtonSecondary source

Lien deadline (prime): Record the claim of lien within 90 days after last furnishing, and give the owner a copy within 14 days after filing by certified or registered mail or personal service; late service forfeits fees and costs (RCW 60.04.091).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): No lien notice to the owner (direct contractors are exempt, RCW 60.04.031(2)). But on residential work (4 or fewer units) priced at $1,000 or more, the contractor must give the customer the 'NOTICE TO CUSTOMER' disclosure before starting work, and can't bring or keep a lien without proving it did (RCW 18.27.114).
Preliminary notice (sub/supplier): Notice to owner required from suppliers and others not in direct contract with the owner; it protects only work in the 60 days before it is given (10 days on new single-family construction). Subs hired directly by the prime are exempt, except on an owner-occupied single-family home or garage, where anyone not hired by the owner must give notice (RCW 60.04.031).
Notice of intent: Not required.
Enforce within: Action within 8 calendar months after recording (or after a stated credit period ends), with service on the owner within 90 days after filing suit (RCW 60.04.141).
Homeowner rules: On an owner-occupied single-family home, liens of anyone the owner didn't hire can be paid only from what the owner hadn't yet paid the prime contractor when the notice arrived (RCW 60.04.031(3)).
The law: RCW Ch. 60.04 (Mechanics' and Materialmen's Liens); RCW 18.27.114
Good to know: Washington contractors must give residential customers the 'Notice to Customer' before starting a job of $1,000 or more, or they can't lien. On an owner-occupied home, every sub and supplier the owner didn't hire must send a notice to owner.

Sources: law.justia.com · law.justia.com · law.justia.com · law.justia.com

West VirginiaOfficial source

Lien deadline (prime): Record a notice of mechanic's lien with the county clerk within 100 days after completing the contract (W. Va. Code §§ 38-2-7, 38-2-8).
Lien deadline (sub/supplier): Within 100 days after completing the subcontract (or last furnishing), serve the owner with written notice of lien and record it with the county clerk (W. Va. Code §§ 38-2-7, 38-2-9).
Preliminary notice (prime): Not required.
Preliminary notice (sub/supplier): Optional preliminary notice before starting work, telling the owner the claimant will look to the owner for payment; it excuses filing an account with the owner within 60 days unless the owner demands one (W. Va. Code § 38-2-20).
Notice of intent: Not required.
Enforce within: Suit within 6 months after filing the notice of lien (W. Va. Code § 38-2-34).
Homeowner rules: Since July 1, 2015, for an existing single-family home or an owner-occupied primary residence, it is a full or partial defense that the owner owes the contractor nothing or less than the lien amount (W. Va. Code § 38-2-21(b)).
The law: W. Va. Code Ch. 38, Art. 2 (Mechanics' Liens)
Good to know: West Virginia homeowners who have paid the contractor in full have a defense to sub and supplier liens on their own home.

Sources: code.wvlegislature.gov · code.wvlegislature.gov · code.wvlegislature.gov · code.wvlegislature.gov · code.wvlegislature.gov · code.wvlegislature.gov

WisconsinOfficial source

Lien deadline (prime): File the lien claim with the circuit court clerk within 6 months after last furnishing, and serve a copy on the owner within 30 days after filing (Wis. Stat. § 779.06(1)).
Lien deadline (sub/supplier): Same as prime.
Preliminary notice (prime): Required on residential work up to 4 units. Put the statutory notice in the written contract (8-point bold or capitals), or serve it within 10 days after first furnishing if there's no written contract; otherwise no lien, unless the prime pays all subs and suppliers in time and none gave notice (Wis. Stat. § 779.02(2)(a), (c)).
Preliminary notice (sub/supplier): Required. Written notice (two signed copies) to the owner within 60 days after first furnishing; without it there's no lien, and a late notice covers only work after the owner receives it (Wis. Stat. § 779.02(2)(b), (3)).
Notice of intent: Required for all claimants: written notice of intent to file a lien claim served on the owner at least 30 days before filing, even if a § 779.02 notice was given (Wis. Stat. § 779.06(2)).
Enforce within: Action within 2 years after filing the lien claim (Wis. Stat. § 779.06(1)).
Homeowner rules: The prime contractor's required notice warns owners that unpaid subs and suppliers can lien and recommends lien waivers; owners must pass sub notices to their mortgage lender within 10 days (Wis. Stat. § 779.02(2)).
The law: Wis. Stat. Ch. 779, Subch. I (Construction Liens), §§ 779.01-779.17
Good to know: Wisconsin requires three steps for most residential liens: the early notice (prime in the contract, subs within 60 days), a 30-day notice of intent, and filing within 6 months of your last work.

Sources: docs.legis.wisconsin.gov · docs.legis.wisconsin.gov

WyomingOfficial source

Lien deadline (prime): File within 150 days after the earlier of last furnishing or substantial completion; the contract parties may extend by a recorded, notarized written agreement up to twice that period (Wyo. Stat. § 29-2-106).
Lien deadline (sub/supplier): Within 120 days after the earlier of last furnishing or substantial completion (Wyo. Stat. § 29-2-106).
Preliminary notice (prime): Required. Send the record owner a preliminary notice before receiving any payment, including advances; missing it bars the lien (Wyo. Stat. § 29-2-112).
Preliminary notice (sub/supplier): Required. Preliminary notice to the record owner within 30 days after first furnishing, with a copy to the contractor; missing it bars the lien (Wyo. Stat. § 29-2-112).
Notice of intent: Required: written notice of intent to the record owner (or agent) at least 20 days before filing the lien statement (Wyo. Stat. § 29-2-107).
Enforce within: Foreclosure action within 180 days after filing the lien statement (Wyo. Stat. § 29-2-109).
The law: Wyo. Stat. Title 29, Ch. 2 (Contractors or Materialmen), § 29-2-101 et seq.
Good to know: Wyoming requires everyone, including the prime contractor, to send the owner a preliminary notice (the prime before any payment, subs within 30 days), and a 20-day notice before filing a lien.

Sources: wyoleg.gov

Frequently Asked Questions

How long do you have to file a mechanics lien?

It depends on the state, and often on whether you’re the prime contractor or a sub. On a private home, most deadlines fall between about 60 days and 6 months, usually counted from your last day of work or delivery; several states count from completion of the whole project. Check your state’s entry and the statute.

Can a subcontractor put a lien on my house if I paid the contractor?

It depends on the state. Some protect a homeowner who paid the contractor in full, at least on an owner-occupied home, and many cap the lien at what the owner still owed when notified. Elsewhere, paying in full doesn’t by itself stop the lien. Lien waivers with each payment are the best protection.

What is a preliminary notice?

A notice sent early in the job telling the owner who is working on the property and that they may have lien rights. Many states require it, especially from subs and suppliers, before a lien can be filed.

What happens if I miss the lien deadline?

The lien right is generally lost. You may still be able to sue the party you contracted with for payment, but you lose the security of the property.

How long does a mechanics lien last?

A lien generally expires unless a suit to enforce it is filed within the state’s enforcement period, which runs from 40 days after recording in Rhode Island to several years in others. Some states count from the last day of work instead of the filing date, and several let the owner shorten it with a written demand.

This guide is general information, not legal advice. Statutes change and courts read them in different ways. For a contract or a lien that matters, read the statute linked for your state and talk to a lawyer licensed there.

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Last checked November 1, 2026 against official state and local sources for all 51 entries. Rules change; your state agency or local building department has the final word. Spot something out of date? Email info@muthlerlandscaping.com and we’ll fix it.

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Cite as: Muthler Landscaping & Construction, “Mechanics Lien Deadlines by State: Residential Notice and Filing Rules,” https://muthlerlandscaping.com/state-guides/mechanics-lien-deadlines/ (last checked November 1, 2026).

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