While filing a mechanics lien is not necessarily a lengthy process, it’s a very detailed one.
Each state has its own set of rules that differ depending on the type of project. Any mistake, even a minor one, could result in the invalidation of your non-payment claim.
If you haven’t already, be sure to read, “How to File a Mechanics Lien: The Basics,” to learn more about the state-to-state similarities.
Keep reading to learn about the state-to-state differences when filing a mechanics lien.
Lien Laws by State
When working across state lines, you’ll find that differences in mechanic lien laws will require you to change your business processes. As such, it is imperative that you understand the filing requirements for your project’s specific state and county, or you could risk losing your lien rights.
Seeking the help of an attorney or a construction notices expert, such as CNS, can ensure you have lien rights when you need them. Learn how we can help you with the mechanics lien recording process in California, Oregon, Washington, and Nevada: See our states’ services ⇢
Mechanics Lien Time Frames
One of the most important differences to be aware of in construction lien law is lien time frames.
Each state has its own set timeline for when to file the mechanics lien, when to notify the parties subject to the lien, and how long you have to enforce it.
These timelines can also differ between general contractors, subcontractors, and material suppliers. Contact us to learn more about state-to-state time frames.
Sending Out Notices
Aside from time frames, state laws dictate whether you need to send out certain notices before being able to file a mechanic’s lien.
Some states require a “notice of commencement” at the beginning of a project. Other states require that a “notice of intent to lien,” also known as a “preliminary notice,” be sent out.
Not only might the notices differ, but the parties who need to receive the notices may change as well.
Who Can File a Mechanics Lien?
Your part in the development of a construction project will determine whether you’re eligible to file a mechanics lien.
Again, every state has its own rules but generally speaking, general contractors, subcontractors, and material suppliers almost always have lien rights. Be that as it may, it is still important to verify whether you have the right to file or not.
Adhere to Your State’s Mechanic Lien Law to Secure Payment
At CNS, we have been at the forefront of preliminary notices, mechanics liens, and similar documents for more than 35 years.
Contact us today to ensure your prelim notice and mechanics lien adhere to the rules and requirements of your project’s designated county and state.
Prefer to call? You can reach us at 800-366-5660.
Disclaimer: CNS is not an attorney, and if you need legal advice, please contact one.