Sometimes, contractors are not aware that when they have a direct contract with the project owner, they are not required to send notices of intent to lien (or pre-lien notices). Original contractors have a constitutional right to file a lien directly without giving any notice to anyone. They do however, must file the lien no later than the 15th day of the 4th month after ANY the following events happened during the execution of the contract:
- Written Termination
- Abandonment of Project
- Settlement or;
- Completion of the Contract
Unlike mechanic’s liens filed by subcontractors where they must file a lien per each month that goes unpaid, general contractors only need to file one lien claiming for one grand total owed. And must also send a copy of the recorded lien affidavit to the owner within 5 calendar days following the date the lien affidavit was recorded with the county clerk.
Below is a chart with the deadline to file a lien for each month of the year.
IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.
| ORIGINAL (GENERAL) CONTRACTOR CONSTITUTIONAL LIEN CHART OF TIME DEADLINES |
||
|---|---|---|
| Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract |
PRIVATE COMMERCIAL PROJECTS | |
| Notice To Owner | File Lien Affidavit By: | |
| January | None | May 15th |
| February | None | June 15th |
| March | None | July 15th |
| April | None | August 15th |
| May | None | September 15th |
| June | None | October 15th |
| July | None | November 15th |
| August | None | December 15th |
| September | None | January 15th |
| October | None | February 15th |
| November | None | March 15th |
| December | None | April 15th |