ALABAMA

PRELIMINARY NOTICE
Every potential lienor, other than original contractor (i.e. prime
contractor) seeking to perfect an “unpaid balance” lien, must
give written notice to the owner that he intends to claim a lien
on such building or improvement prior to filing his statement of
lien in the probate office. Ala. Code § 35-11-218. A material
supplier may claim a “full price” lien if, prior to furnishing
any materials, he provides written notice to the owner that he
intends to furnish certain materials at certain specified prices
to the contractor or subcontractor for use in the building or
improvement. If the owner objects to such “pre-furnishing”
notice, the material supplier may claim only an “unpaid balance”
lien and must still comply with the preliminary notice provisions
set forth above. Ala. Code § 35-11-210.

CONTENTS OF PRELIMINARY NOTICE
The amount owing, for what, and from whom it is owing; and
after such notice, any unpaid balance in the hands of the owner
or proprietor shall be held subject to such lien. Ala. Code §
35-11-213, 218. A material supplier’s “pre-furnishing” notice
may be given in the form set forth in Section § 35-11-210 and
should also include the specified materials and prices.

WHEN COMPLETION OCCURS
Upon the last date of the last item of work or labor has been
performed or the last item of any material furnished.
Ala. Code § 35-11-215

TIME LIMIT FOR RECORDING MECHANICS LIEN
Lien will be deemed lost unless the statement in Section
35-11-213 is filed by every subcontractor within 6 months, by
every day laborer within 30 days, and by other lienors within 4
months after the last labor, service, or material is furnished.
§ 35-11-215

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Lien will be deemed lost unless the verified statement in Section
35-11-213 is filed by every original contractor within 6 months,
by every day laborer within 30 days, and by other lienors within
4 months after the last labor, service or material is furnished.
§ 35-11-218.

FORECLOSURE OR DISMISSAL BY COURT
Enforcement/foreclosure action must be commenced within
6 months of the maturity of the indebtedness (§ 35-11-221);
or whenever such lien is satisfied, the lienor must acknowledge
satisfaction of the same in the probate record where the lien was
filed. § 35-11-231.

 

 

​ALASKA

PRELIMINARY NOTICE
Notice is optional to shift the burden of proof to the owner
to show that the owner did not know of or consent to the
furnishing of the labor, material, service, or equipment.
A.S. § 34.35.064(a).

CONTENTS OF PRELIMINARY NOTICE
Legal description of property; name of owner, and name and
address of claimant and person with whom claimant contracted;
description of work; statement of entitlement to claim a lien and
warning. A.S. § 34.35.064(a)(1)-(7).

WHEN COMPLETION OCCURS
Upon cessation of furnishing labor, services, materials and
equipment, or occupation or acceptance by owner and issuance
of Certificate of Occupancy by authority having jurisdiction. An
owner may record a Notice of Completion after completion.
A.S. §§ 34.35.071(a) and 34.35.120(2).

TIME LIMIT FOR RECORDING MECHANICS LIEN
If claimant records Notice of Right to Lien before or within
15 days after Notice of Completion, 120 days after claimant
completes the contract or ceases to furnish labor/materials/
services/equipment. These limits also apply if claimant records
Notice of Right to Lien more than 15 days after Notice of
Completion, unless owner gives 5 days advanced notice.
A.S. § 34.35.068(b).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 6 months of recording lien, or within 1 year if extension
notice filed within first 6 months. A.S. § 34.35.080(a).
FORECLOSURE OR DISMISSAL BY COURT
If action to enforce a claim of lien is not filed within the 6 month
time limit to enforce the lien, or within 1 year if extension notice
filed within first 6 months. A.S. § 34.35.080(a).

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​

ARIZONA

PRELIMINARY NOTICE
Claimant must serve owner, contractor, lender, and person
with whom claimant contracted within 20 days work/materials
are first furnished. If later, rights extend only to 20 days prior.
A.R.S. § 33-992.01.

CONTENTS OF PRELIMINARY NOTICE
Statutory notice to owner; description of item furnished and
estimate of total price; name and address of claimant; name of
person with whom claimant contracted; and legal description of
jobsite. A.R.S. § 33-992.01(C).

WHEN COMPLETION OCCURS
30 days after final inspection or 60 consecutive days after
cessation of labor. If no building permit, then “completion”
means the last date work was performed. A.R.S. § 33-993.

TIME LIMIT FOR RECORDING MECHANICS LIEN
A lien must be recorded before the earlier of either: 120 days
after Completion; or 60 days after recordation of Notice of
Completion. A.R.S. § 33-993

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Claimant has 6 months from the date the lien records to file
lawsuit to foreclose a lien or lien rights are extinguished.
A.R.S. § 33-998(A).

FORECLOSURE OR DISMISSAL BY COURT
Within 5 days of commencing lien foreclosure action, claimant
must file and record

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​ARKANSAS

PRELIMINARY NOTICE
For commercial builders, potential lienors must give 75 days
notice from the time labor and materials were supplied to the
property owner. Ark. Code Ann. § 18-44-115. An additional
ten day notice is required prior to filing the lien of record. The
ten day notice must state there is a claim, the amount due, and
who owes the money, with service made by an officer authorized
by law to serve process, by return-receipt, restricted delivery, or
through third party guaranteed delivery service with proof of
receipt. Ark. Code Ann. § 18-44-114. Note that residential
projects are treated differently under Arkansas law.

CONTENTS OF PRELIMINARY NOTICE
For commercial projects, the Notice must indicate that
contractor has not been paid, provide a general description of
labor, service or materials furnished, the amount due, and the
name of the person who first contracted for the purchase of labor,
service or materials. The notice must also describe the property
in a manner sufficient for identification. Specific language
must be included as well, in all bold, capital letters. The statute
requires delivery of notice by return-receipt requested with
restricted delivery or by guaranteed commercial delivery service
with proof of receipt. Ark. Code Ann. § 18-44-115. Note that
residential builders should refer to Ark. Code Ann. § 18-44-114.

WHEN COMPLETION OCCURS
The 120-day period refers to the work or material delivery of
the specific claimant, not the overall construction project. The
“last work” means last day of substantial work. It is doubtful
punch-list items would suffice.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Lien must be filed with the clerk of the circuit court of the
county in which the property is located within 120 days after
the items were furnished or the work or labor was performed.
Ark. Code Ann. § 18-44-117. The actual lien is referred to as
a “statement of a court and must include an affidavit of account
with description of property, a sworn statement indicating
compliance with the statute, a copy of the 75-day and 10-day
notices, and a just and true account of the demand due or owing
providing for all credits. Ark. Code Ann. § 18-44-117. The
process to collect attorney fees is addressed in Ark. Code Ann. §
18-44-128.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
All actions under this subchapter shall be commenced within 15
months after filing the lien and prosecuted without unnecessary
delay to final judgment. Ark. Code Ann. § 18-44-119.
FORECLOSURE OR DISMISSAL BY COURT
Lien will expire 15 months after the lien is filed, unless: (1) An
action is instituted; and (2) A lis pendens

 

 

CALIFORNIA

PRELIMINARY NOTICE
Preliminary notice must be served on owner, direct contractor
and lender no later than 20 days after claimant furnishes the
work. If later, lien rights extend only to 20 days prior. Cal. Civ.
Code § 8204(a).

CONTENTS OF PRELIMINARY NOTICE
Name and address of owner, direct contractor and lender; name
address and relationship of person giving notice; description of
site and the work and person to whom work provided; estimate
of the total price of the work; and notice to property owner.
Cal. Civ. Code §§ 8102 and 8102.

WHEN COMPLETION OCCURS
Upon actual completion; occupation or use by owner and
cessation of labor; cessation of labor for 60 consecutive days;
recordation of notice of cessation and cessation for 30 consecutive
days; or acceptance by public agency. Cal. Civ. Code § 8180.

TIME LIMIT FOR RECORDING MECHANICS LIEN
After ceasing to provide work, for both direct contractors and
others, a lien must be recorded before the earlier of: 90 days after
completion; or 60 days (direct contractors) and 30 days (others)
after recordation of either notice of completion or notice of
cessation. Cal. Civ. Code § 8412, 8414.

​

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 90 days of recording lien, or 90 days after the expiration
of a recorded extension of credit; but not later than 1 year after
completion of the work of improvement. Cal. Civ. Code § 8460.
FORECLOSURE OR DISMISSAL BY COURT
If an action to enforce a claim of lien isn’t brought to trial within
2 years of commencement of the action to enforce the lien, the
court may dismiss the action. Cal. Civ. Code § 8462.

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​

COLORADO

PRELIMINARY NOTICE
Preliminary notice must be served 10 days before the time of
filing the Lien Statement with the County Clerk and Recorder.
C.R.S. § 38-22-109(3).

CONTENTS OF PRELIMINARY NOTICE
Name of owner or reputed owner of the Property, claimant and
person who furnished laborers/materials/labor; description of the
property; name of contractor 9if claimant is a subcontractor);
and a statement of the amount due or owing the claimant. That
statement must be signed and notarized by the party claiming
the lien or by some owner on his/her behalf.
C.R.S. § 38-22-109(1).

WHEN COMPLETION OCCURS
Actual completion of material work or abandonment
(discontinuance for a period of 3 months) of all labor, work,
furnishing of laborers, and services. No trivial imperfection in
or omission from the work in the construction of the building or
improvement be deemed a lack of completion.
C.R.S. § 38-22-109(7).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Direct contractors claiming labor or work by the day or piece,
but without furnishing laborers or materials therefor, must
record within 2 months after completion of the building or
improvements. All others must record within 4 months after the
last day they furnished labor, materials, or services.
C.R.S. §§ 38-22-109(4) and (5).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 6 months from when the last work or labor is performed,
or laborers or materials are furnished by any contractor; or
within 6 months after the completion of the work.
C.R.S. § 38-22-110.

FORECLOSURE OR DISMISSAL BY COURT
A notice of lis pendens stating that an action has been
commenced to enforce a lien must be recorded within the time
limit for enforcing a lien. C.R.S. § 38-22-110.

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​

CONNECTICUT

PRELIMINARY NOTICE
Limited capability. C.G.S. § 49-35 provides that no person
other than the prime contractor in privity with the project owner
or a subcontractor whose contract with the prime contractor is
in writing and has been assented to in writing by the owner(s)
is entitled to claim a mechanic’s lien unless such person gives
written notice of its intent to claim a lien to the owner(s) and
the prime contractor within ninety (90) days after ceasing to
furnish materials or render services for the construction. The
prime contractor is not entitled to such notice unless not later
than fifteen (15) days after commencing work such prime
contractor files with the town clerk in the town in which the
project is located, a written affidavit stating the name under
which the prime contractor conducts business, the contractor’s
address along with a description of the lot or plot of land under
construction. The notice can be served with or incorporated in
the lien and comply with statute. A separate service or document
is not required.

CONTENTS OF PRELIMINARY NOTICE
The Notice of Intent should contain the name and address of
the lienor, the date the lienor commenced and ceased to furnish
materials or render services for the construction, a description
of the lot or plot of land under construction, and a statement
that the lienor intends to claim a lien on the building. C.G.S.
§§ 49-34, 49-35. The prime contractor’s 15-day affidavit must
comply with the statute by (1) stating the name under which
such original contractor conducts business, (2) stating the
original contractor’s business address, and (3) describing the
building, lot, or plot of land. C.G.S. § 49-35.

WHEN COMPLETION OCCURS
Upon substantial completion of the work. Trivial work after
substantial completion will not extend time for filing the lien
unless the work is requested by owner(s). C.G.S. § 49-34 and
related decisions.

TIME LIMIT FOR RECORDING MECHANICS LIEN
For Direct Contractors: Within ninety (90) days after the
potential lienor ceases to perform services or furnish materials.
C.G.S. § 49-34. Others: There is no distinction made between
prime contractor and other persons performing services or
furnishing materials. All potential lienors must file within ninety
(90) days of the last day of work under their contract.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
A mechanic’s lien expires upon one year after the lien has been
perfected unless the lienor commences an action to foreclose by
complaint in the Connecticut Superior Court. C.G.S. § 49-39.
Additionally, a mechanic’s lien shall expire one year after the
lien is perfected unless the lienor records a Notice of Lis Pendens
on the land records in the town in which the lien is recorded.
C.G.S. § 49-39.

FORECLOSURE OR DISMISSAL BY COURT
C.G.S. § 49-35a provides the owner(s) of the real estate with a
judicial process for either reducing the amount of the mechanic’s
lien or discharging the mechanic’s lien. C.G.S. § 49-37 provides
the owner(s) of the real estate, the prime contractor [or any other
interested person] with a remedy to dissolve the mechanic’s lien
by substitution of a surety bond. Foreclosure by lienor is in same
manner as mortgage. C.G.S. § 49-33(i).

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​

DELAWARE

PRELIMINARY NOTICE
Within 10 days of request (owner not required to pay until
received) § 270.

CONTENTS OF PRELIMINARY NOTICE
Written list of all persons who have provided labor, materials, or
both. § 2705.

WHEN COMPLETION OCCURS
Upon purported completion; duration of statute of limitations;
90% of owing received; certificate of occupancy issued; owner
issues certificate of completion; or when final payment is due.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Direct contractors must file statement of lien within 180
days after date of completion. § 2711(a). All others must
file statement of claim within 120 days of the last delivery or
completion of work. § 2711(b).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
The proceedings to recover the amount of any claim shall be by
writ of scire facias. Foreclosure (via writ) and the filing of the
statement of claim are concurrent. §§ 2714, 2715, 2727.

FORECLOSURE OR DISMISSAL BY COURT
Not applicable.

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​

Florida

​

PRELIMINARY NOTICE
Lienors other than direct contractors must serve Notice to
Owner within 45 days of supplying labor, services, or materials
and before final payment.

CONTENTS OF PRELIMINARY NOTICE
Amount due claimant; amount of demand; and must fairly
apprise owner and public of the nature and amount of the
demand.

WHEN COMPLETION OCCURS
Upon the last date that the lienor furnishes labor, services, or
materials required under the contract, and not by other standards
such as occupancy or final inspection.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Within 90 days after final furnishing of labor, services, or
materials by lienor.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
No lien is valid for more than one year from the date of
recording the Claim of Lien.

FORECLOSURE OR DISMISSAL BY COURT
A lien foreclosure action must be filed within one year of the date
of recording.

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​

GEORGIA

PRELIMINARY NOTICE
Unless potential lienor works directly for the general contractor
or owner, a notice of furnishing must be sent within 30 days of
first providing labor or materials to project.

CONTENTS OF PRELIMINARY NOTICE
The name, address and telephone of potential lienor, the
name and address of the entity which contracted with lienor,
description of the property from Notice of Commencement, a
general description of the services, labor or materials furnished,
and cost, if known. O.C.G.A. Section 44-14-361.1(a).

WHEN COMPLETION OCCURS
On the last day of the completion of the work, the furnishing of
the services, labor, or materials. O.C.G.A. § 44-14-361.1(a)(2).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Ninety (90) days after the completion of the work (enforceable
lien waivers may shorten this period or the amount to be liened).
O.C.G.A. § 44-14-361.1(a)(2).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
The lien must be enforced within one year after the lien became
effective otherwise the lien will expire.
O.C.G.A. § 44-14-361.1(a)(3).

FORECLOSURE OR DISMISSAL BY COURT
Not applicable.

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​

HAWAII

PRELIMINARY NOTICE
Not required. However, to advance a lien claim, claimant must
submit to the court an Application for Lien and a Notice Of
Lien. H.R.S. § 507-46.

CONTENTS OF PRELIMINARY NOTICE
The Application for Lien must state: amount of claim; labor/
material furnished; property description; and names of
contracting parties, contractor and owner (or representative),
and other parties with a recorded interest in the property.
The Application may (but need not) specify the names of the
mortgagees or other encumbrancers of the property, if any, and
the name of the surety of the general contractor, if any. The
Notice must state basic facts establishing the basis of the claim.
H.R.S. § 507-43(a).

WHEN COMPLETION OCCURS
When owner or direct contractor files Notice of Completion or
abandonment, affidavit of publication and copy of the Notice in
the county where property is located. If no Notice is filed, 1 year
after completion or abandonment. H.R.S. § 507-43(f).

TIME LIMIT FOR RECORDING MECHANICS LIEN
The Application for Lien and Notice shall be filed in the Circuit
Court where the property is located within 45 days after the
Date of Completion (filing date of affidavit of publication
or date of actual completion/abandonment in the absence of
publication). For property registered in the Land Court, upon
the granting of lien after notice and hearing a certified copy of
the Order Directing Lien to Attach shall be filed in the office of
the assistant registrar of the land court within seven days after
the entry thereof in order to preserve the lienor’s rights against
subsequent encumbrancers and purchasers of the property.
H.R.S. §§ 507-43(b) and 507-43(g).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
The Order Directing Lien to Attach expires 3 months after entry.

​

FORECLOSURE OR DISMISSAL BY COURT
Any mechanics’ and materialmen’s lien may be discharged at any
time by the owner, lessee, principal contractor or intermediate
subcontractor filing with the clerk of the circuit court of the
county in which the property is located or with the assistant
registrar of the land court (if registered land is affected) cash
or a bond for twice the amount of the sum for which the claim
for the lien is filed, conditioned for the payment of any sum for
which the claimant may obtain judgment upon the claimant’s
claim. H.R.S. § 507-45. See also expiration of lien under H.R.S.
§ 507-43(e).

​

​

IDAHO

PRELIMINARY NOTICE
Required by general contractor prior to entering into any
contract exceeding the amount of $2,000 on residential property.
I.C. §45-525(2).

CONTENTS OF PRELIMINARY NOTICE
Disclosure of Owner’s rights related to lien waivers, proof
of general liability and title insurance, and right to require
contractor to purchase surety bond. I.C. §45-525(2); Additional
disclosures related to subcontractors, suppliers and rental
equipment providers required prior to sale of property or
completion of project. I.C. §45-525(3).

WHEN COMPLETION OCCURS
Actual completion; trivial work does not extend date of
completion for purposes of 90 day period within which claimant
must file the lien. I.C. § 45-507.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Claim shall be filed within 90 days after completion of the labor/
services/furnishing of materials. I.C. § 45-507.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 6 months after the claim has been filed. I.C. § 45-510.

FORECLOSURE OR DISMISSAL BY COURT
Unless foreclosure action is brought within 6 month time
limitation, lien itself ceases to exist. I.C. §45-510.

​

ILLINOIS

PRELIMINARY NOTICE
Generally, no preliminary notice is required. However, to
perfect its lien rights a subcontractor must serve notice of claim
stating the amount due or to become due within 90 days after
the last date of work. 770 ILCS 60/24(a). A subcontractor
furnishing labor or materials to a single family owner-occupied
residence must also serve notice within 60 days of its first date of
furnishing pursuant to 770 ILCS 60/5.

CONTENTS OF PRELIMINARY NOTICE
Written notice of claim served upon owner within 90 days
after the last date upon which labor or materials are furnished
identifying amount due or to become due. 770 ILCS 60/24(a).

WHEN COMPLETION OCCURS
Completion occurs when the work needed for the completion of
the contract itself is done. 770 ILCS 60/7, /24.

TIME LIMIT FOR RECORDING MECHANICS LIEN
The lien must be recorded within 4 months after the last date of
furnishing labor or materials to the project. 770 ILCS 60/7(a).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Suit to enforce lien must be commenced within two years of the
last date of furnishing labor or materials to the project. 770 ILCS
60/9. See notes under “Time to Commence Suit”.

FORECLOSURE OR DISMISSAL BY COURT
If lien claim is not commenced within two years of the last date
of furnishing labor or materials to the project, the lien claim is
unenforceable. 770 ILCS 60/9.

 

 

INDIANA

PRELIMINARY NOTICE
Preliminary notice must be sent to the owner within 30 days
from the first furnishing of labor or materials to a project for
remodeling work or within 60 days for the original construction
of a residence and recorded in the recorder’s office of the county
(I.C. § 32-28-3-1(h) and (i)).

CONTENTS OF PRELIMINARY NOTICE
A description of labor or materials that were furnished; and
indicate the existence of lien rights. (I.C. § 32-28-3-1(h) and (i)).

WHEN COMPLETION OCCURS
Completion occurs on the last day of performing labor or materials,
but may be extended by extra or additional work required to
complete contract work or has been requested by the owner.

TIME LIMIT FOR RECORDING MECHANICS LIEN
A lien must be recorded within 90 days from the last date
of performance of labor or furnishing of materials. (I.C. §
32-28-3-3(a)). On residential projects, a lien must be recorded
within sixty (60) days from the last date of furnishing labor or
materials. (I.C. § 32-28-3-3(b)).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Lien is void unless an action to enforce is filed in the circuit or
superior court of the county where the property is located within
one year after the notice of intention to lien was recorded.
(I.C. § 32-28-3-6(a)(1) and (b)).

FORECLOSURE OR DISMISSAL BY COURT
Not applicable.

​

​

IOWA

PRELIMINARY NOTICE
Preliminary notice only required for residential construction
properties. See I.C. §§ 572.13, 572.13A, 572.13B for general
contractors, subcontractors and suppliers, if applicable.

CONTENTS OF PRELIMINARY NOTICE
Preliminary notice only required for residential construction
properties. See I.C. §§ 572.13, 572.13A, 572.13B for contents
of notice, if applicable.

WHEN COMPLETION OCCURS
Completion occurs on the date on which the last of material or
last of labor was performed on the property. I.C. § 572.10.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Lien and verified statement of account must be recorded within
90 days after last performing labor or supplying materials to
the project to maintain priority against non-mechanic’s lien
stakeholders.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
An action to enforce the lien must be filed within 2 years and 90
days of last performing labor or supplying materials to project.
I.C. § 572.27.

FORECLOSURE OR DISMISSAL BY COURT
Owner may serve written demand on lien claimant to commence
action within 30 days or forfeit lien rights. I.C. § 572.28.

​

​

KANSAS

PRELIMINARY NOTICE
Subcontractors must provide warning letter or copy of statement
by owner saying warning letter was received. K.S.A. § 1103a,
but see K.S.A. § 60-1103b for different procedure for new
residential property.

CONTENTS OF PRELIMINARY NOTICE
(1) Name of owner;
(2) Name and address of claimant sufficient for service of
process;
(3) Description of real property; and (4) Itemized statement and
amount of claim.
K.S.A. § 60-1102(a).

WHEN COMPLETION OCCURS
Completion occurs upon final furnishing of materials, services,
or labor in accordance with the contract. Crème de la Crème,
Inc. v. R & R Intern., Inc., 32 Kan.App.2d 490, 493, 85 P.3d
205, 208 (2004).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Prime contractors must record within 4 months of the date
materials, services or labor were last furnished. K.S.A. §
60-1102(a). Within that 4-month period, a claimant may file
for a 1-month extension. K.S.A. § 60-1102(c). All others must
record within 3 months. K.S.A. § 60-1103(a)(1).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
An action to foreclose a mechanic’s lien must be brought within 1
year of filing the lien statement, or 1 year from the maturity date
of a promissory note attached to the lien statement in lieu of an
itemized statement. K.S.A. § 60-1105.

FORECLOSURE OR DISMISSAL BY COURT
If no action to foreclose a lien is brought within the time limits
identified in K.S.A. § 60-1105, the lien is considered canceled
by limitation of law. K.S.A. § 60-1108.

​

​

KENTUCKY

PRELIMINARY NOTICE
On claims amounting to less than $1,000, the owner must
be notified within 75 days after the last material or labor was
furnished; or within 120 days for claims exceeding $1,000.

CONTENTS OF PRELIMINARY NOTICE
Claimant need only state intention to hold the property liable
and the amount for which the lien will be claimed.
KRS § 376.010(3).

WHEN COMPLETION OCCURS
Cessation of the providing of labor or materials by Claimant.

TIME LIMIT FOR RECORDING MECHANICS LIEN
For both direct contractors and others, a lien must be recorded
within 6 months after cessation of Claimant’s providing of labor
or materials.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 12 months of the recording of the lien statement or
statement SHALL be deemed dissolved. KRS § 376.090(1).

FORECLOSURE OR DISMISSAL BY COURT
Not applicable.

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​

Louisiana

​

PRELIMINARY NOTICE
Written notice to the owner within 30 days after the date that
the prime contractor or subcontractor is employed.
La.R.S. 9:4802(A)(5)(b).

CONTENTS OF PRELIMINARY NOTICE
Name and address of the prime contractor or subcontractor;
name and address of his employer; and general nature of the
work to be performed. La.R.S. 9:4802(A)(5)(b).

WHEN COMPLETION OCCURS
If a notice of contract has been filed pursuant to La. R.S. 9:4811,
then the deadline for filing a statement of claim is triggered by
filing the notice of termination of the work. La.R.S. 9:4822(A).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Lienors other than the general contractor have 30 days after the
recordation of the notice of termination by the owner.
La.R.S. 9:4822(A).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 1 year after filing the statement of claim or privilege.
La.R.S. 9:4823(A)(2).

FORECLOSURE OR DISMISSAL BY COURT
If a statement of claim is improperly filed or extinguished, an
owner or other interested person may request that the claimant
cancel a statement of claim within 10 days after written request.
La.R.S. 9:4833.

​

​

MAINE

PRELIMINARY NOTICE
Only required in residential cases. Permissive notice may be sent
at the beginning of all projects that protects against a bona fide
purchaser.

CONTENTS OF PRELIMINARY NOTICE
(1) Name and address of claimant; (2) location of the property to
be liened; (3) amount owed; (4) warning that homeowner may
have to pay twice.

WHEN COMPLETION OCCURS
Not applicable.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Direct contractors must record lien within 120 days from the last
day of substantive work; and all others must file within 90 days
of the last day of substantive work.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
120 days from the last day of substantive work for all participants
FORECLOSURE OR DISMISSAL BY COURT
Not applicable.

​

​

Maryland

​

PRELIMINARY NOTICE
Potential lien claimants must give written notice to the owner of
their intention to lien within 20 days after last performing the
work, services, or furnishing materials. This notice requirement
does not apply if the potential lien claimant has a direct contract
with the owner of the property.

CONTENTS OF PRELIMINARY NOTICE
See Md. Code Ann., Real Prop. § 9-104(b) for notice form.
WHEN COMPLETION OCCURS
Not applicable.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Potential lien claimants must file an action against the owner
in the Circuit Court for the County where the subject land is
located within 180 days after the final date that work, services or
materials were furnished by the lien claimant.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
The lien claimant must file a motion to enforce the lien or to
execute on any bond given to obtain a release of lien within 1
year after the date on which the petition was filed. Md. Code
Ann., Real Prop. § 9-109; Md. Rule 12-305(a). The petition
to enforce the lien may be filed with the original petition to
establish a lien.

FORECLOSURE OR DISMISSAL BY COURT
The lien expires if action to enforce the lien is not commenced
within one year of filing.

​

​

MASSACHUSETTS

PRELIMINARY NOTICE
A party who furnishes labor, materials, equipment or services
may initiate a mechanic’s lien by filing a Notice of Contract
in the Registry of Deeds for the county in which the subject
property is located. M.G.L. ch. 254, § 1. et seq.

CONTENTS OF PRELIMINARY NOTICE
The form of the Notice of Contract is prescribed by statute and
varies depending on who is seeking the lien. M.G.L. ch. 254, §
1. et seq.

WHEN COMPLETION OCCURS
The date of Substantial Completion is not determinative of
when a lien may be recorded (but see Time Limit for Recording
Mechanic’s Lien).

TIME LIMIT FOR RECORDING MECHANICS LIEN
The Notice of Contract must be recorded no later than the
earliest of (1) 60 days after Notice of Substantial Completion is
recorded; (2) 90 days after Notice of Termination is recorded;
or, (3) 90 days after the prime contractor, or any lower tier, last
furnished labor or materials to the project. M.G.L. ch. 254, §§
2 and 4. Note MA law also requires the filing of a Statement of
Account. M.G.L. ch. 254, § 8.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Suit to enforce the mechanic’s lien must be commenced within
90 days of the recording of the Statement of Account. M.G.L. ch.
254, § 11. If a lien bond has been recorded, see M.G.L. ch. 254,
§ 14.

FORECLOSURE OR DISMISSAL BY COURT
A party with an interest in the property subject to the lien
may file an application in the superior court where the subject
property is located seeking dissolution of the mechanic’s lien.
M.G.L. ch. 254, § 15A.

​

​

Michigan

​

PRELIMINARY NOTICE
Subcontractor or supplier must serve within 20 days after
claimant first furnishes work; laborer within 30 days after wages
were due but unpaid. MCL 570.1109.

CONTENTS OF PRELIMINARY NOTICE
Name and address of lienor and the subject of the lien; name
of the owner; legal description of the property; and a general
description of the services, labor, or materials furnished MCL
570.1109.

WHEN COMPLETION OCCURS
Last furnishing of labor or material pursuant to the claimant’s
contract; warranty work does not extend completion.
MCL 570.1111.

TIME LIMIT FOR RECORDING MECHANICS LIEN
A lien must be recorded within 90 days after claimant’s last
furnishing of labor or material pursuant to the claimant’s
contract. MCL 570.1111.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
No later than 1 year after the date claimant recorded its lien.
MCL 570.1117(1).

FORECLOSURE OR DISMISSAL BY COURT
If an action to enforce a lien is not commenced within 1 year
after the date claimant recorded the lien, the court may dismiss
the action. MCL 570.1129.

​

​

MINNESOTA

PRELIMINARY NOTICE
Subcontractor must provide notice within 45 days of first
furnishing labor, skills, or materials § 514.011.

CONTENTS OF PRELIMINARY NOTICE
Specific statutory language, including notice of right to claim
lien and of owner’s right to pay subcontractors directly or
withhold funds for 120 days absent receipt of lien waiver.

WHEN COMPLETION OCCURS
Completion is “the last of the work, or furnishing the last item of
skill, material, or machinery”. § 514.08, Subd. 1.
TIME LIMIT FOR RECORDING MECHANICS LIEN
Lien must be recorded within 120 days of completion.
§ 514.08, Subd. 1.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 1 year of date of last item of claim in recorded lien
statement. § 514.12, Subd. 3.

FORECLOSURE OR DISMISSAL BY COURT
No limitation beyond general requirement of plaintiff to
prosecute action towards trial date set by Minn. R. Gen. P.
111.03 scheduling order

​

​

Mississippi

​

PRELIMINARY NOTICE
For residential claims, subcontractors and materialmen must
provide the owner with written notice of the intent to lien 10
days before the lien is filed. West’s A.M.C. §85-7-409(1).

CONTENTS OF PRELIMINARY NOTICE
Description of the property, amount due, and a statement that
the Lien Claimant intends to file a lien no sooner than 10 days
from the date of the notice. West’s A.M.C. § 85-7-433(5).

WHEN COMPLETION OCCURS
Last labor is not defined, but uses the same terms as used in the
Little Miller Act. West’s A.M.C.§ 85-7-405(1)(b).

TIME LIMIT FOR RECORDING MECHANICS LIEN
For direct contractors, subcontractors, materialmen, and
designment, a Claim of Lien must be filed 90 days after last
labor, supply of materials or supply of professional services.
West’s A.M.C.§ 85-7-405(1)(b).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 180 days of filing the Claim of Lien. West’s A.M.C. §
85-7-405(1)(c)(i).

FORECLOSURE OR DISMISSAL BY COURT
Failure to meet any of the requirements listed in West’s A.M.C.
§ 85-7-405(1),-421(1) will render the Claim of Lien invalid and
subject to expungement.

​

​

MISSOURI

PRELIMINARY NOTICE
Prime contractors - a notice that includes the disclosure language
set out in RSMo § 429.012 (West) in ten-point bold type, must
be provided by the prime contractor to the owner at the time set
forth by statute § 429.012. Subcontractor must serve notice of
intent to file lien 10 days prior to filing the lien. RSMo § 429.100
(West). To lien for any rental equipment, notice must be given
within 15 business days of the commencement of the use of the
rental machinery or equipment to the property owner that rental
machinery or equipment is being used upon their property. RSMo
§ 429.010 (West). Owner-occupied residential property has
special notice requirements. RSMo § 429.013 (West).

CONTENTS OF PRELIMINARY NOTICE
A notice that includes the disclosure language set out in RSMo
§ 429.012 in ten-point bold type, must be provided by the prime
contractor to the owner at the time set forth by statute § 429.012
(with contract, with first invoice, etc.). Subcontractor notice
requirements are set forth in RSMo § 429.100 (West) - the
subcontractor must identify that it holds a claim against such
building or improvement, setting forth the amount and from
whom the same is due.

WHEN COMPLETION OCCURS
The time to lien runs from the last date of base contract work for
the liening party, not from project completion. Punchlist work or
warranty work does not extend the time to lien.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Within six months after the indebtedness accrues. If the lien is
for rental equipment, the lien must be filed within sixty (60) days
after the removal of the equipment from the site.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
An action to enforce a lien must be commenced within six months
after filing the lien. RSMo § 429.170 (West).

FORECLOSURE OR DISMISSAL BY COURT
Not applicable

​

​

Montana

​

PRELIMINARY NOTICE
Preliminary notice must be served 20 days after the date on
which services or materials are first furnished to contracting
owner. If later, rights extend to only 20 days prior.
M.C.A. § 71-3-531.

CONTENTS OF PRELIMINARY NOTICE
A statement that it is a notice of right to lien; property
description; mailing date; name and address of the claimant and
owner of the property; and warning of construction lien statute.
M.C.A. § 71-3-532.

WHEN COMPLETION OCCURS
Written acceptance by owner; or cessation of labor for 30 days
upon any building, improvement, or structure or alteration,
addition to, or repair of building, improvement, or structure.
M.C.A. § 71-3-533.

TIME LIMIT FOR RECORDING MECHANICS LIEN
After claimant has substantially provided services/materials,
and within 90 days after either: claimant’s final furnishing of
services/materials; or contracting owner’s notice of completion.
M.C.A. § 71-3-535.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 2 years of filing of lien. M.C.A. § 71-3-562.

​

​

NEBRASKA

PRELIMINARY NOTICE
This is not required but is optional. Neb. Rev. Stat. §§
52-133(3), 52-135.

CONTENTS OF PRELIMINARY NOTICE
If a preliminary notice is filed by a claimant, the notice must
include: (a) the claimant’s name address; (b) the name and
address of the person with whom the claimant contracted; (c)
the owner’s name;(d) a description of the services or materials
provided; (e) a property description; (f) a statement that the
claimant is entitled to record a lien; (g) the amount of the lien;
and (h) the following statement: “Warning. If you did not
contract with the person giving this notice, any future payments
you make in connection with this project may subject you to
double liability.” Neb. Rev. Stat. § 52-135(1); see Neb. Rev.
Stat. § 52-145(5) regarding Notices of Commencement and
their contents.

WHEN COMPLETION OCCURS
Neb. Rev. Stat. § 52-135 requires a lien claimant to record its
lien before 120 days after “final furnishing.” “Final furnishing”
has been defined to mean “substantial completion” of the work
or furnishing of materials, but it does not mean providing
“minor labor” or “minor materials.” See Preston Refrigeration
Co. v. Omaha cold Storage Terminals, Inc., 742 N.W.2d 782,
788–89 (Neb. App. 2007).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Liens must be filed and recorded between the time the claimant
executed the contract and 120 days after the final furnishing of
service and/or materials. The claimant must send a copy of the
recorded lien to the owner within 10 days of recording.
Neb. Rev. Stat. §§ 52-137(1), 52-135(3).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
A lien is enforceable for 2 years after it is recorded. However, an
owner may require a claimant to commence an action within
30 days, or require the claimant to record an affidavit that the
contract price is not yet due, or forfeit its rights by serving written
demand. Neb. Rev. Stat. § 52-140.

FORECLOSURE OR DISMISSAL BY COURT
A lien may be discharged by (1) recording a release, (2) the
claimant’s failure to record an affidavit that the full sum is
not yet due, (3) judgment from the court, or (4) recording
a certificate from a clerk of court showing full payment or
substitution bond. Neb. Rev. Stat. §52-154; see Neb. Rev.
Stat. §52-155 for limited foreclosure proceedings.

​

​

NEVADA​

PRELIMINARY NOTICE

Notice of Right to Lien may be served at any time, but gives a
right to lien for work performed up to 31 days before service and
after until completion. NRS § 108.245(6).

CONTENTS OF PRELIMINARY NOTICE
General description of the work/services performed;
identification of the property; and identification of the general
contractor or subcontractor with whom contracted.
NRS § 108.245.

WHEN COMPLETION OCCURS
Actual completion; occupation by owner and cessation of work;
acceptance of the work by owner and cessation of work; or
cessation of work for 30 consecutive days if notice of completion
is timely recorded. NRS § 108.22116.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Within 90 days after completion or latest delivery of material/
equipment/labor, whichever is latest, or within 40 days after
recording a valid notice of completion. NRS § 108.226(1).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 6 months of the recording of the notice of lien; or the time
may be extended for up to 1 year in writing and signed by the
claimant and a person with an interest in the property.
NRS § 108.233.

FORECLOSURE OR DISMISSAL BY COURT
If an action to enforce a claim of lien isn’t brought to trial within
2 years of commencement of the action to enforce the lien, the
court may dismiss; if action is not brought to trial within 5 years,
court shall dismiss. NRCP § 41(e).

​

​

New Hampshire

​

PRELIMINARY NOTICE
Parties who contract directly with the Owner are not required
to give preliminary notice. Other subcontractors and suppliers
are not entitled to a lien unless they provide notice to the Owner
before furnishing labor, services, or materials. Alternatively,
notice can be provided after furnishing labor, design services, or
materials, however the lien is then limited to the amount due to
the contractor, agent or subcontractor at the time notice is given.
R.S.A. 447:5 and 447:6.

CONTENTS OF PRELIMINARY NOTICE
No particular form of notice is required. Statute requires that
lienor give the Owner an accounting every 30 days listing the
labor/materials/services provided during the 30 day period.

WHEN COMPLETION OCCURS
A mechanics lien remains valid for 120 days after the contractor/
subcontractor/designer/supplier last supplied labor or materials
for the project. R.S.A. 447. Even if the project is not completed
at that time, the mechanics lien expires after the 120 day period,
unless the lien is perfected by obtaining an attachment.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Mechanics liens do not need to be recorded.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Mechanics liens must be “perfected” within 120 days after the
contractor, subcontractor, or supplier last performs labor or
supplies materials for the project. R.S.A. 447:9. Mechanics liens
are “perfected” by obtaining an attachment from the Superior
Court. R.S.A. 447:10. Attachments must be recorded at the
Registry of Deeds for the county where the project is located.

FORECLOSURE OR DISMISSAL BY COURT
Upon request, courts will review attachments obtained pursuant
to the Mechanics Lien statute, and will void them if they were
not obtained properly. In N.H. mechanics liens cannot be
bonded off. Any party seeking to enforce a mechanics lien must
file suit and obtain a judgment against the Owner before they
can begin to seek to foreclose on the project.

​

​

NEW JERSEY

PRELIMINARY NOTICE
For residential property, a lienor must file and serve a Notice of
Unpaid Balance and Right to File Lien within 10 days from the
date of filing the same. N.J.S. 2A:44A-21.

CONTENTS OF PRELIMINARY NOTICE
Form prescribed by N.J.S. 2A:44A-20.

WHEN COMPLETION OCCURS
The lien is “lodged for record” upon delivery to county
clerk; and within 10 days following delivery to clerk. N.J.S.
2A:44A-6(a) and 2A:44A-7(a).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Private: Commercial: Pursuant to N.J.S. 2A:44A-6, lien must
be filed within 90 days of work completion/materials furnished.
Residential: Pursuant to N.J.S. 2A:44A-21, a “Notice of Unpaid
Balance and Right to File Lien” must be filed within 60 days of
work completion/materials furnished. Lien must be filed within
120 days of work completion/materials furnished, but only after
arbitration award fixing amount of lien.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
The earlier of: (i) 1 year from last date of work for which payment
is claimed or (ii) 30 days of receiving written demand to initiate
action. N.J.S. 2A:44A-14(a).

FORECLOSURE OR DISMISSAL BY COURT
No applicable

​

​

NEW MEXICO

​

PRELIMINARY NOTICE
If applicable, pre-lien notice must be delivered no later than
60 days after claimant has first furnished work or materials.
N.M.S.A. 1978, § 48-2-2.1(B).

CONTENTS OF PRELIMINARY NOTICE
Property description; name, address, and telephone number of
claimant and person with whom claimant contracted/supplied,
or to whom claimant furnished labor and/or materials; and cost
estimate. N.M.S.A. 1978, § 48-2-2.1(D).

WHEN COMPLETION OCCURS
Upon completion of contract (direct contractors); when all the
essentials necessary to the full accomplishment of the purpose
for which the building has been constructed are performed (all
others). N.M.S.A. 1978, § 48-2-6.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Within 120 days after completion of contract (direct contractors);
within 90 days after completion of any building improvement or
structure (all others). N.M.S.A. 1978, § 48-2-6.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Legal action to enforce a claim of lien must be initiated within
2 years after the claim of lien is filed with county clerk’s office.
N.M.S.A. § 48-2-10.

FORECLOSURE OR DISMISSAL BY COURT
A claim of lien is no longer valid if legal action to enforce lien
is not initiated within 2 years after the claim of lien is filed.

​

​

NEW YORK

PRELIMINARY NOTICE
Not applicable.

CONTENTS OF PRELIMINARY NOTICE
Name and address of lienor and property owner; description of
labor, materials, or services furnished; amount owed; last date
labor, material, or services furnished; and description of property
to be liened. N.Y. Lien Law § 9 (McKinney)

WHEN COMPLETION OCCURS
Private: The date that labor and/or materials are last provided to
the project by the lienor. Public: The date that the public entity
issues a certificate of completion and acceptance.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Single Family Dwelling: 4 months from last furnishing of labor
and/or materials to the project. Notice of lien may be filed at
any time during the progress of the work and the furnishing of
the materials, or, within 8 months after the completion of the
contract. N.Y. Lien Law § 10 (McKinney). Public: 30 days after
completion.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
1 year from the date the lien was recorded unless the lien has been
extended, in which case the time limit is one year from the date of
extension.

FORECLOSURE OR DISMISSAL BY COURT
Lien will expire within 1 year after the notice of lien was filed,
unless action is timely filed to foreclose lien, and notice of the
pendency is recorded. N.Y. Lien Law § 17 (McKinney)

​

​

North Carolina

​

PRELIMINARY NOTICE
Preliminary notice not mandatory; but lien rights lost if
intervening sale or mortgage prior to notice to lien agent.
N.C.G.S. § 44A-11.1 (e). See the statute for more details
respecting the preliminary notice contents and filing methods.

CONTENTS OF PRELIMINARY NOTICE
Lien claimant’s name, address, and telephone number; name of
party with whom the lienor contracted; description of the real
property; and disclosure of lien claimant’s rights.

WHEN COMPLETION OCCURS
Not applicable.

TIME LIMIT FOR RECORDING MECHANICS LIEN
For direct contractors and all others, claim of Lien must be filed
no later than 120 days from when labor or materials last furnished.
N.C.G.S. § 44A-12. See statute for subrogation of lien.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Action to enforce claim of lien must be filed no later than 180
days (not 6 months) from when labor or materials last furnished.
N.C.G.S. § 44A-13(a).

FORECLOSURE OR DISMISSAL BY COURT
Dismissal of actions per N.C.G.S. § 1A-1, Rule 41. Discharge
of record claim of lien on property per N.C.G.S. § 44A-16.
This includes the bonding off of claims of lien per N.C.G.S. §
44A-16(a).

 

 

North Dakota

​

PRELIMINARY NOTICE
Served no later than 10 days before the recording of the
construction lien. N.D.C.C. § 35-27-02.

CONTENTS OF PRELIMINARY NOTICE
No specific language required. Notice to owner must sufficiently
identify property with reasonable certainty and state lien holder
intends to perfect a lien if not paid. N.D.C.C. § 35-27-02.

WHEN COMPLETION OCCURS
Upon contractor or supplier’s last date of contribution of work/
materials. N.D.C.C. §§ 35-27-13; 35-27-14.

TIME LIMIT FOR RECORDING MECHANICS LIEN
Within 90 days after contractor or supplier’s last date of
contribution of work or materials; failure to record within
90 days but within 3 years will subordinate lien to certain
encumbrance. N.D.C.C. §§ 35-27-13; 35-27-14.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 3 years of recording lien. Prior to commencing a
foreclosure action, a lienholder must provide owner written notice
of intent to do so at least 10 days prior to commencing action.
N.D.C.C. § 35-27-24. However, an owner may require a claimant
to commence action within 30 days or forfeit its rights by serving a
written demand. N.D.C.C. §§ 35-27-24 and 25.

FORECLOSURE OR DISMISSAL BY COURT
Not applicable

​

​

Ohio

​

PRELIMINARY NOTICE
Filed with the County Recorder(s) where the project is located
prior to the commencement of work on the Project.

CONTENTS OF PRELIMINARY NOTICE
Name, address, and capacity of the property owner and any
fee owner or original contractors; description of property; date
owner executed contract with original contractor; and statutory
warnings.

WHEN COMPLETION OCCURS
Completion occurs when the lien claimant has performed its last
labor or supplied its last material to or for the project.
ORC 1311.06(B)

TIME LIMIT FOR RECORDING MECHANICS LIEN
For private construction projects, within 75 days from the date on
which the last of the labor or work was performed or material was
furnished by the person claiming the lien. See statute for all other
projects.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Action to enforce a lien must be brought within 6 years of filing of
lien with County Recorder. ORC 1311.13(C)

FORECLOSURE OR DISMISSAL BY COURT
Not applicable.

​

​

OKLAHOMA

PRELIMINARY NOTICE
Lienor must sent pre-lien notice within (75) days after the last
date of supply of material, services, or labor. Okla. Stat. Ann.
tit. 42, § 142.6 (West).

CONTENTS OF PRELIMINARY NOTICE
The date of filing; name and address of the lienor and subject of
the lien and the owner of the property; a legal description of the
property; and the amount claimed. Okla. Stat. Ann. tit. 42, §
143.1 (West).

WHEN COMPLETION OCCURS
Original contractor claiming a lien must file with county clerk
where property located, within four months after last date labor
and materials were furnished. Okla. Stat. 42, § 142 (West).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Statement shall be filed with court clerk within four (4) months
after the date upon which last material, services, or labor was
furnished upon the subject property. Okla. Stat. Ann. tit. 42, §
142 (West).

TIME LIMIT FOR ENFORCING MECHANICS LIEN
The lien provided for in the preceding section1 shall not be
effective unless suit shall be brought within one year after it
accrued. Okla. Stat. Ann. tit. 42, § 149 (West).

FORECLOSURE OR DISMISSAL BY COURT
Upon full payment of lien plus court costs. Okla. Stat. Ann.
tit. 42, § 147.1 (West).

​

​

Oregon

​

PRELIMINARY NOTICE
Residential: Original contractors on projects exceeding $2,000,
all others not contracting directly with owner, and material
suppliers. Commercial: Architects and engineers not contracting
directly with owner, and material suppliers. O.R.S. §§ 87.021,
87.025, 87.093

CONTENTS OF PRELIMINARY NOTICE
Form is standardized.

WHEN COMPLETION OCCURS
When the improvement is substantially complete; upon
recordation of notice of completion; or when the improvement is
abandoned as defined by statute. O.R.S. § 87.045.

TIME LIMIT FOR RECORDING MECHANICS LIEN
For nonpayment of labor/materials/equipment, before the earlier
of 75 days after the last day of performance/delivery/rental; or 75
days after completion of construction. O.R.S. § 87.035.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Not applicable

FORECLOSURE OR DISMISSAL BY COURT
If action to enforce a claim of lien isn’t brought within 2 years
after recording claim of lien. O.R.S. § 87.055.

​

​

PENNSYLVANIA

PRELIMINARY NOTICE
Where Notice of Commencement is filed with state directory
(https://apps.pa.gov/scnd) on qualifying project, a claimant
other than contractor must file Notice of Furnishing within 45
days of start of work. 49 P.S. §§1501.1, 1501.3.

CONTENTS OF PRELIMINARY NOTICE
General description of work to be performed; name and address
of claimant and contracting party; identification of project.
49 P.S. §1501.3. Claimant other than contractor must give
additional notice to owner of intent to lien 30 days prior to filing
claim, including amount of claim.

WHEN COMPLETION OCCURS
Last day of labor or last delivery of materials required under
claimant’s contract.

TIME LIMIT FOR RECORDING MECHANICS LIEN
File lien claim within 6-months of completion of work, and
make proper service of notice of filing upon owner within 30
days thereafter. Claimant other than contractor must give notice
of intent to file lien claim to owner at least 30-days in advance,
and still comply with 6-month deadline.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
An action to obtain judgment on lien claim must be commenced
within 2-years of the date of filing the lien claim and concluded
within 5-years. 49 P.S. §1701.

FORECLOSURE OR DISMISSAL BY COURT
Foreclosure may commence upon judgment entered. Upon
payment or settlement of lien claim, at any time, claimant must
file satisfaction with the Court. Court may strike lien claim if
action to obtain judgment is not commenced within 2-years of
filing lien claim.

​

​

Rhode Island

​

PRELIMINARY NOTICE
Prime contractor directly contracting with Owner must serve
notice within 10 business days of commencing work or delivering
materials to the project. See R.I. Gen. Laws §34-28-4.1. All
other lienors (i.e., subcontractors, suppliers) are not required to
provide a preliminary notice.

CONTENTS OF PRELIMINARY NOTICE
A form of the notice to be provided by the general contractor is
provided in R.I. Gen. Laws §34-28-4.1.

WHEN COMPLETION OCCURS
The last day that work is performed or materials are furnished.
R.I. Gen. Laws § 34-28-4

TIME LIMIT FOR RECORDING MECHANICS LIEN
Within two hundred (200) days after performance of the work or
furnishing materials that have been incorporated into the project.
See R.I. Gen. Laws §§ 34-28-4 and 34-28-9. It should be
noted that for retainage earned but not paid, lien is effective from
the start of work. The potential lienor’s Notice of Intention needs
to be mailed by prepaid registered or certified mail to the owner(s)
and a copy needs to be filed in the records of land evidence where
the property is located. See R.I. Gen. Laws §§ 34-28-4 and
34-28-9.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Within 40 days of the date of recording the Notice of Intention of
Lien and within 7 days after the filing of a Notice of Lis Pendens.
See R.I. Gen. Laws § 34-28-10.

FORECLOSURE OR DISMISSAL BY COURT
An owner, lessee or contractor against whom a mechanic’s lien is
filed may file a court action for release of lien or bonding in lieu
of lien rights. See R.I. Gen. Laws § 34-28-17. Rhode Island
§ 34-28-17 allows the owner(s), lessee or tenant of the property
to dissolve a mechanic’s lien by substitution of a surety bond or
payment into the registry of the Superior Court cash in the total
of the lien, including costs.

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SOUTH CAROLINA

PRELIMINARY NOTICE
Neither GC, nor 1st tier subcontractors and suppliers are
required to give a preliminary notice. The GC may avail
itself of a payment defense by filing and posting a Notice of
Commencement pursuant to S.C. Code Ann. § 29-5-23. In
such event, remote claimants should serve Notice of Furnishing
pursuant to S.C. Code Ann. § 29-5-20 at earliest possible date.

CONTENTS OF PRELIMINARY NOTICE
If the GC has elected to file and post a Notice of
Commencement pursuant to S.C. Code Ann. § 29-5-23, a
remote claimant’s preliminary notice should conform to the
requirements of s

WHEN COMPLETION OCCURS
Lien deadlines are based upon the last date of furnishing labor or
materials, including punch list items. Work performed solely for
purposes of extending or renewing lien rights is not considered.
See Butler Contracting, Inc. v. Court Street, LLC, 369 S.C. 121,
631 S.E.2d 252 (2006).

TIME LIMIT FOR RECORDING MECHANICS LIEN
Lien must be filed and served within 90 days of the lien
claimant’s last day of work. S.C. Code Ann. § 29-5-90

TIME LIMIT FOR ENFORCING MECHANICS LIEN
Notice of Lis Pendens and lien foreclosure action must be filed
within 6 months of lien claimant’s last day of work. S.C. Code
Ann. § 29-5-120. S.C.R.C.P. 3 allows 120 for service of all suits.

FORECLOSURE OR DISMISSAL BY COURT
Mechanic’s lien is considered dissolved if a foreclosure action and
Notice of Lis Pendens are not filed within six months of the lien
claimant ceasing to perform work. The lien and any associated
bonds may be released by a court order or written affidavit of
attorney for bond holder or defendant pursuant to S.C. Code
Ann. § 29-5-120.

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South Dakota

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PRELIMINARY NOTICE
Not compulsory, but claimant may serve at any time, a sworn
account and notice upon an owner. S.D.C.L. § 44-9-10.

CONTENTS OF PRELIMINARY NOTICE
Items/work performed, amounts claimed, and dates furnished.
S.D.C.L. § 44-9-10.

WHEN COMPLETION OCCURS
At the last contribution of work or last item of skill, service,
material, or machinery. S.D.C.L. § 44-9-15.

TIME LIMIT FOR RECORDING MECHANICS LIEN
120 days after completion. S.D.C.L. § 44-9-15.

TIME LIMIT FOR ENFORCING MECHANICS LIEN
6 year statute to enforce lien from the date of completion; or if
owner demands suit upon lien, claimant must sue within 30 days
of service or lien is forfeited. S.D.C.L. §§ 44-9-24 and 26.

FORECLOSURE OR DISMISSAL BY COURT
Not applicable.​​​​​​​​​​​​​​