Posts Tagged ‘Charts’

FAQ: Which States Require Preliminary Notices?

On June 7, 2011        

Short Answer: Whether you must send a preliminary notice will depend on (1) your role in the construction project; and (2) where you are performing work.  Typically, those who do not contract with the property owner are the class of party who must send a preliminary notice. But it is only required if you are doing work in a “notice” state.  Below is a map of which states require preliminary notices and which do not.

Long Answer: Those in the construction or construction law business refer to states as either “notice states” or “non-notice states.” This label designates a state as either requiring subcontractors and suppliers to send preliminary notices, or not requiring any such notices. If you are required to file a notice, and do not, you may completely forfeit your lien rights.  Yikes!

Remember:  All Notices Are Not Created Equal: Prelim Notice v Notice of Intent to Lien.  Typically, notices can be divided into two categories: Preliminary Notices and Notices of Intent to Lien.  It’s important to recognize the differences between each and understand which notice your state requires.

To help you understand the notice requirements in your state, we’ve created this nationwide map of notice requirements.

FAQ: Which States Require Preliminary Notices?

FAQ: Which States Require Preliminary Notices? States colored red require delivery of preliminary notice to preserve your lien rights. When (and to whom) these notices should be delivered will vary from state-to-state. Examine each state’s individual laws for their specific notice requirements. Typically, they must be delivered immediately after work begins on a construction project.

 

FAQ: Which States Require Preliminary Notices?States colored blue require delivery of a “notice of intent to lien” prior to filing a mechanics lien. Typically, these notices need not be delivered when work begins, but only within a certain period before actually filing a mechanics lien. The timing requirements vary from state to state, and examination of each state’s individual laws is required to understand the applicable requirements.

 

FAQ: Which States Require Preliminary Notices?States colored green require both preliminary notices and notices of intent to lien to preserve and enforce your mechanics lien rights. Again, examination of each state’s individual lien laws is required to determine who is required to send notices, and how and when notices are required.

Posted in:     FAQs, Notices of Intent to Lien, Preliminary Notices  /  Tags:   /   4 Comments

FAQ: What Type of Construction Project Is This? State, Federal or Private?

On May 1, 2011        

We get this question a lot, which lead to us blogging on the subject earlier this year in a post titled: Is My Project Private, Federal, State…Or Something Different? It’s an important piece of information to know about your project since it will effect what types of notices and claims you can make, and when you must make them.

Now, to further address this frequently asked question, we have generated a chart that provides illustrative examples of construction projects.,, and identifying the likely “project type.”  Of course, this chart provides illustrative examples only, and your project may not fall within these generalized guidelines.

If You’re Working On A… It’s Probably A…
Single-Family House Owner Occupied Residential
Multi-Family House / Condo Residential
Restaurant, Grocery Store, Shopping Mall, Business Establishment Commercial
Privately Owned School or University Commercial
Non-Profit Organization Project Commercial
School or University Owned or Operated by City, County or State State
State-owned Land (county park, county courthouse, county government building, etc.) State
Federally owned land (levees, military bases, federal buildings, etc.) Federal

Posted in:     FAQs  /  Tags:   /   Leave a comment

States That Require Claimants to Send Notices of Intent to Lien

On December 6, 2010        

In 2008, I posted:  All Notices Are Not Created Equal: Prelim Notice v Notice of Intent to Lien. I posted this in response to some confusion from clients about the differences between these two types of documents.

While frequently confused, preliminary notice and notices of intent are often misunderstood.

A preliminary notice is a notice sent by a subcontractor, supplier or equipment lessor before or immediately after work begins. These notices are frequently sent to the prime contractor or property owner, and typically must be sent within a certain period of time from when labor and/or materials are first furnished to a project.

Preliminary notices are usually sent before any disputes arise, and therefore, before you’re actually owed any money.

A notice of intent to lien is very rarely sent at the beginning of a project.  Instead, this notice is sent immediately before filing a mechanic lien when unpaid on a project.  The purpose is to notify the owner or the prime contractor that you will lien the project if payment isn’t received within a certain period of time.

Is it Required by Law?

Notices of Intent are very popular.  Subcontractors and suppliers send this notice before proceeding with the more expensive mechanic lien filing because it frequently does the trick, causing the non-paying party to make payment.

While some deliver a notice of intent to lien voluntarily, there are some states that require these notices.  In these states, a lien claimant is prohibited from filing a lien until after the notice of intent is sent.

These states frequently require the notice of intent be sent “10 days” or “15 days” before filing a mechanic lien.

Claimants must be careful when calculating the lien period in light of these rules, as the delivery of a notice of intent rarely extends the lien period.  So, for example, if you have 90 days from work completion to file a lien, but must deliver a notice of intent 10 days prior to filing a lien…the notice of intent must be delivered 80 days after work completion at the latest.

Here is a short list of the states that require delivery of a Notice of Intent to Lien.  Get more free information about your state’s mechanic lien requirements at MechanicLien.com.

  • Arkansas (10 days before filing lien)
  • Colorado (10 days before filing lien)
  • Connecticut (Within 90 day lien period)
  • Louisiana (material suppliers on residential projects 10 days before filing lien)
  • Missouri (10 days before filing lien)
  • North Dakota (15 days before filing lien)
  • Pennsylvania (30 days before filing lien)
  • Wisconsin (30 days before filing lien)
  • Wyoming (10 days before filing lien)
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Posted in:     Notices of Intent to Lien  /  Tags: ,   /   4 Comments

Chart Explaining Miller Act Claim Rights and Deadlines

On February 22, 2010        

We spend so much time talking about Mechanic Liens here at the Construction Lien Blog we sometimes overlook the equivalent tool available to contractors and suppliers on federal projects – claims under the Miller Act.    Of course, we have (see here).   And of course, Zlien is experienced in preparing and filing Miller Act Claims for contractors and suppliers across the country.

The good news about the Miller Act’s requirements is that they are the same across the country.   As such, contractors on federal projects need only be familiar with one set of rules.   The bad news, however, is that the requirements are often misstated.

To make things easy, we created this chart.

Chart Explaining Miller Act Claim Rights and Deadlines

Posted in:     Miller Act Claims  /  Tags: , ,   /   3 Comments

Charts to Make Texas Lien and Notice Deadlines Easy

On December 30, 2009        

Texas is unlike any other state when it comes to calculating its lien and notice periods.   Instead of a lien being due after a certain number of days or months, Texas uses somewhat cryptic language to define the lien period:  “on the 15th day of the month four/three months after the last month the claimant performs work.”

WHAT!?!?

Well, to help you out, we’ve created some easy to read charts.   You can take one look at this chart and easily figure out when your lien should be filed.    Check out the Texas Lien Deadline Chart here, or the Texas Two and Three Month Notice Deadline Chart here.   These are housed in the Lien Law Summaries Section of Zlien’s website.

But you don’t even have to go that far – you can see the charts right here on our blog:

Texas Lien Deadline Chart
Work Last Performed In: Residential Liens Due: Non-Residential Liens Due:
January April 15th May 15th
February May 15th June 15th
March June 15th July 15th
April July 15th August 15th
May August 15th September 15th
June September 15th October 15th
July October 15th November 15th
August November 15th December 15th
September December 15th January 15th
October January 15th February 15th
November February 15th March 15th
December March 15th April 15th
Texas Two and Three Month Notice Deadline Chart
Unpaid Work Performed In: 2 Month Notice Due: 3 Month Notice Due:
January March 15th April 15th
February April 15th May 15th
March May 15th June 15th
April June 15th July 15th
May July 15th August 15th
June August 15th September 15th
July September 15th October 15th
August October 15th November 15th
September November 15th December 15th
October December 15th January 15th
November January 15th February 15th
December February 15th March 15th

* Original Contractors do not have notice requirements in Texas

** Two Month Notice must only be delivered by lower tier subcontractors and suppliers (i.e. those who did not contract with the original contractor)

*** If on a residential project, every deadline is one month earlier.

Remember, too, that you can keep track of project deadlines using our free Lien Pilot.

Posted in:     Mechanic Liens, Preliminary Notices  /  Tags: , , , ,   /   Leave a comment

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