A Mechanic’s Lien Affidavit is a document used by contractors, suppliers, and any person that is not getting paid for the labor, services or materials delivered to a construction project. A mechanic’s lien, protects claimants by asserting rights against the actual real property (real estate) for the unpaid work or services performed on that specific property. Depending on where you are located, a Mechanic’s Lien Affidavit can also be referred as “Project Lien”, “Construction Lien” and even “Contractors Lien”.
Related questions and answers
You are not required to send your unpaid invoices with your notice but you must retain them as you may need them in the future.
If you get paid after filing a lien on a property, you will very likely be requested to “remove the lien” or sign a lien release. The lien release demonstrates that the debt was fully paid or was settled. The lien release must be filed with the County Property Records where the original lien affidavit was filed and signed by the entity who filed the lien in the first place. After receiving the written request for a lien release, the contractor is required to either file or send the lien release to the project owner within ten (10) days.
The dates and deadlines related for lien claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant in these cases.
Additionally, to qualify to file a lien claim on a property for a commercial project, the subcontractor or supplier, is required to send the invoice or request payment by the 15th day of the second month after the month the work was performed.
A subcontractor who has a direct contract with the General Contractor is called a Tier 1 Subcontractor. The chart below shows the deadline to send Invoices, Pre-lien Notice Letter and Lien Affidavit for private commercial projects for Tier 1 Subcontractors:
FOR CLAIMS RESULTING FROM A CONTRACT SIGNED BEFORE DECEMBER 31ST, 2021
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL BE THE EARLIEST BUSINESS DAY.
FOR CLAIMS RESULTING FROM A CONTRACT SIGNED AFTER JANUARY 1ST, 2022
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.
Original (General) Contractor - Constitutional - Mechanic’s Lien Requirements | |||
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Chart of Filing Deadlines | |||
Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract | Commercial Projects (Private) 🔗 | ||
Pre-lien Notice to Property Owner is Not Required |
File the Lien Affidavit On or Before: | ||
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 |
Subcontractor (1st Tier) Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of Activity | Commercial Projects (Private) 🔗 | ||
Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project only if you sent the pre-lien notice for that specific month on time.
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Sub-subcontractor (2nd Tier) Lien Requirements | |||
---|---|---|---|
Chart of Filing Deadlines | |||
Month of Activity | Commercial Projects (Private) 🔗 | ||
Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
January | March 15th | April 15th | May 15th |
February | April 15th | May 15th | June 15th |
March | May 15th | June 15th | July 15th |
April | June 15th | July 15th | August 15th |
May | July 15th | August 15th | September 15th |
June | August 15th | September 15th | October 15th |
July | September 15th | October 15th | November 15th |
August | October 15th | November 15th | December 15th |
September | November 15th | December 15th | January 15th |
October | December 15th | January 15th | February 15th |
November | January 15th | February 15th | March 15th |
December | February 15th | March 15th | April 15th |
IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project only if you sent the pre-lien notice for that specific month on time.
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Deadlines for bond claims are much like those for liens. Subcontractors, sub-subcontractors, and suppliers must send a notice of bond claim with a sworn account statement by the 15th day of the third month after the work or material delivery month. These documents should be sent to both the Surety Company and the General Contractor. The charts below categorize contractors and outline necessary documents and submission deadlines. NOTE: IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY. Sub-subcontractors and suppliers without a direct contract with the prime contractor (those on the second tier and below) must first send a notice only to the general (prime) contractor by the 15th day of the second month after the work was done. This notice can be copies of your unpaid invoices along with a signed cover letter indicating the outstanding amounts. You don't need to provide a sworn statement of account with this notice.
A “Commercial (Public Works)” and/or “Public works project” is any project where the ultimate owner of the construction project is a governmental agency such as the federal, state or city government. Common examples of public projects are construction projects that include: • Sewers • Road & bridge construction • Government buildings • Schools • Universities • Government property • Public parks • Utility work (if publicly owned) • Bus stations