MECHANIC’S LIEN LAWS By State
MECHANIC’S LIEN LAWS BY STATE Novare is pleased to provide you with this handy state-by-state chart of mechanic’s lien laws. Novare National Settlement Service operations are strategically located in major metropolitan areas throughout the U.S. Each office serves as a one-stop, single point of contact to expedite commercial transactions on a local and nationwide level, from simple to complex multi-state transactions, and everything in-between. We tailor our approach to provide you with a unique and dependable real estate solution in title, escrow, closing, post-closing, delivery, and recording. For all types of transactions, we’ve got you covered. NOVARENSS.COM The information in this booklet is intended for informational purposes only as a service to our customers. The information, laws, and regulations referenced herein may be subject to change. Please consult a local attorney for specific law questions or reach out to your local Novare team. Information current as of September 1, 2025 © 2025 Novare National Settlement Services. All Rights Reserved.
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– 5 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. page Alabama 7 Alaska 8 Arizona 9 Arkansas 10 California 11 Colorado 12 Connecticut 13 Delaware 14 District of Columbia 15 Florida 17 Georgia 18 Hawaii 19 Idaho 20 Illinois 21 Indiana 22 Iowa 23 Kansas 24 Kentucky 25 Louisiana 26 Maine 27 Maryland 28 Massachusetts 29 Michigan 30 Minnesota 31 Mississippi 32 page Missouri 33 Montana 34 Nebraska 35 Nevada 36 New Hampshire 37 New Jersey 38 New Mexico 39 New York 40 North Carolina 41 North Dakota 42 Ohio 43 Oklahoma 44 Oregon 45 Pennsylvania 46 Rhode Island 47 South Carolina 48 South Dakota 49 Tennessee 50 Texas 51 Utah 52 Vermont 53 Virginia 54 Washington 55 West Virginia 56 Wisconsin 57 Wyoming 58 BY STATE MECHANIC’S LIEN LAWS TABLE OF CONTENTS
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– 7 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any individual/entity who performs work and/or furnishes material to repair, alter, or beautify improvements on land (includes architects, excludes surveyors). AL ST § 35-11-210 DEADLINE TO PERFECT Any potential lien will be lost if not filed in the probate court of the relevant county by: • Original Contractor: 6 months • Day Laborer: 30 days • Every Other Person: 4 months After the last time of work or labor was performed or material furnished. AL ST § 35-11-215 BROKEN PRIORITY If timely filed, lien priority relates back to the date of commencement or furnishing for particular lienor. “Commencement” is the date materials have been incorporated into the improvement or furnished at the construction site. Therefore, commencement generally requires a visible component at the subject property. Gamble’s, Inc. v. Kansas City Title Ins. Co., 217 So. 2d 923, 926 (Ala. 1969) If buyer/mortgagee acquires interest after date of commencement, but before filing of notice, bound only if have actual notice of facts giving rise to lien. Hutto Const., Inc. v. Buffalo Holdings, LLC, 488 F. Supp. 2d 1180, 1186 (M.D. Ala. 2007) AL ST § 35-11-211 DURATION OF LIEN Any action for the enforcement of the lien declared in this division must be commenced within 6 months after the maturity of the entire indebtedness secured thereby, except as otherwise provided in this division. If not commenced timely, lien may be deemed invalid. See Hutto Const., Inc. v. Buffalo Holdings, LLC, 488 F. Supp. 2d 1180, 1186 (M.D. Ala. 2007) AL ST § 35-11-221 CONTENTS OF LIEN (1) Statement in writing; (2) verified by oath of lienor or one with knowledge of facts; (3) amount of demand secured by lien; (4) description of property in a manner allowing one to identify the same (street address sufficient). Substantial compliance sufficient. AL ST § 35-11-213 BY STATE MECHANIC’S LIEN LAWS ALABAMA ALABAMA
– 8 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who performs labor, furnishes material or equipment that are delivered to the real property, performs work in anticipation or preparation regardless of whether implemented (includes architects and surveyors), and general contractors. AK ST § 34.35.050 DEADLINE TO PERFECT Lien filing deadline depends on whether the owner recorded a notice of completion pursuant to AK ST § 34.35.071: • If notice of completion is not recorded by owner: 120 days after lienor completes construction contract or ceases to furnish labor, materials, services, etc. • If notice of completion recorded by owner and lienor had advance notice of same or did not give notice of right to lien: 15 days after notice of completion recorded. • If notice of completion recorded by owner and lienor did not have advance notice of same and recorded own notice of right to lien: 120 days after completing contract or furnishing services. AK ST § 34.35.068 BROKEN PRIORITY A mechanic’s lien simply has priority over a recorded instrument where: • A claim of lien under AK ST § 34.35.070 or notice of right to lien under AK ST § 34.35.064 has been recorded before the encumbrance. • Nystrom v. Buckhorn Homes, Inc., 778 P.2d 1115 (Alaska 1989) Note that contractors may be entitled to notice of foreclosure of a deed of trust regardless of whether they have a recorded interest in the land. AK ST § 34.35.060(c) DURATION OF LIEN A lien will expire 6 months after recordation unless: • Action is commenced to enforce within 6 months • An extension notice is filed in the same recorder’s office within original 6 month period showing original lien instrument’s (1) recording date, (2) book/page or serial number, and (3) balance owing. AK ST § 34.35.080 CONTENTS OF LIEN (1) Must be written and verified by oath; (2) contain a description sufficient for ID; (3) name of owner; (4) address of claimant; (5) general description of what provided; (6) amount due; and (7) date last service/labor/ etc. furnished. Requires substantial compliance. In re Naknek Elec. Ass’n, Inc., 471 B.R. 225, 231 (Bankr. D. Alaska 2012) AK ST § 34.35.070 BY STATE MECHANIC’S LIEN LAWS ALASKA ALASKA
– 9 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Every person, except as set forth in AZ ST § 33-1002 and AZ ST § 33-1003, who labors or provides services, materials, machinery, or tools in construction, alteration, or repair of building/improvement (includes surveyors; architects considered agents of owner). AZ ST § 33-981 DEADLINE TO PERFECT Lien must be filed: • Within 120 days after completion of improvement/alteration; or • If notice of completion recorded, within 60 days of recordation of notice of completion Completion is defined as the earliest of the following events: 1. Thirty days after final inspection and written final acceptance by the governmental body which issued the building permit for the building, structure or improvement. 2. Cessation of labor for a period of sixty consecutive days, except when such cessation of labor is due to a strike, shortage of materials or act of God. The total lien period varies depending on how completion is determined. AZ ST § 33-993 BROKEN PRIORITY Once perfected, lien date relates back to when the labor was performed or the material furnished. All liens relate back to the date the first work done/material furnished. “Commencement” is work/materials being furnished to the property so it is apparent to one inspecting the property that construction/repair has commenced. Exceptions to relation-back priority: • DOT given as security for a loan made by a construction lender as defined in AZ ST § 33- 992.01 (A) if said DOT recorded within 10 days of commencement • DOTs that mechanic/materialman has actual or constructive notice of when work commenced AZ ST § 33-992 DURATION OF LIEN A lien will expire 6 months after recordation unless notice of lis pendency filed within said time. AZ ST § 33-998 CONTENTS OF LIEN (1) Written notice under oath; (2) legal description of land; (3) name of owner and person by whom lienor was employed/to whom equipment was furnished; (4) statement of terms, time, and conditions of contract/copy of the contract; (5) statement of lienor’s demands; (5) date of completion; (6) statement of date that preliminary twenty (20) day notice per AZ ST § 33-992.01 (A) was given (with copy of same attached). Strict compliance required. Williams v. A. J. Bayless Markets, Inc., 476 P.2d 869, 874 (Ariz. App. 1st Div. 1970). AZ ST § 33-993 BY STATE MECHANIC’S LIEN LAWS ARIZONA ARIZONA
– 10 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Every contractor, subcontractor, or material supplier who provides labor, services, fixtures. Can also include architects, engineers, surveyors, appraisers, landscapers, abstractors, and title insurance agents who provide services/materials pursuant to a written contract. AR ST § 18-44-101 AR ST § 18-44-105 DEADLINE TO PERFECT Lien must be filed within 120 days after the materials furnished/work completed. AR ST § 18-44-117 BROKEN PRIORITY In the event construction commences before a construction mortgage is recorded, only the liens for providing labor, materials or supplies before the recordation of the mortgage shall have priority over the construction mortgage. “Commencement” is when visible manifestation of activity on real estate has taken place such that a reasonable person would believe that such work has started. AR ST § 18-44-110 DURATION OF LIEN Lien will expire 15 months after filing unless suit commenced and lis pendens filed within said period. AR ST § 18-44-119 CONTENTS OF LIEN (1) Notarized and written statement; (2) correct description of property verified by affidavit (street address IS NOT correct description); (3) attached affidavit of notice with sworn statement showing compliance with AR ST §§ 18-44-114 to AR ST §§ 18-44-116, copy of each notice, and copy of proof of service; (4) name of lienor; (5) name of liened party. Literal compliance is not necessary, as long as material facts are included in the filed lien such that it is placed on record is sufficient and substantial compliance. Murray v. Rapley, 30 Ark. 568, 569 (1875) AR ST § 18-44-117 BY STATE MECHANIC’S LIEN LAWS ARKANSAS ARKANSAS
– 11 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who provides authorized work or materials (direct contractor, subcontractor, design professional, equipment lessor, laborer, etc.). CA CIV CODE § 8400 DEADLINE TO PERFECT Time for recording claim depends on whether direct contractor or not: • Direct Contractors must file a lien the earlier of either (1) 90 days after completion of the work or (2) 60 days after owner records a notice of completion or cessation • Non-Direct Contractors must file a lien upon completion of work before the earlier of (1) 90 days after completion or (2) 30 days after the owner records a notice of completion or cessation. CA CIV CODE § 8412 CA CIV CODE § 8414 BROKEN PRIORITY Lien priority relates back to when work commenced for all claimants, regardless of when specific lienor’s work began. “Commencement” is not until there is some physical work on the property that is apparent, visible, and permanent. In re Showplace Square Loft Co., LLC, Bkrtcy.N.D.Cal.2003, 289 B.R. 403. CA CIV CODE § 8450 DURATION OF LIEN Lien will expire if action to enforce lien is not commenced with 90 days of recordation. CA CIV CODE § 8460 CONTENTS OF LIEN (1) Written statement; (2) verified by oath; (3) name of reputed owner, if known; (4) name of who employed lienor/for whom the lienor provided work; (5) description of property sufficient for identification; (6) lienor’s address; (7) proof of service affidavit; and (8) the statement set forth in CA CIV CODE § 8416. Test of sufficiency is whether notice is so erroneous as to render it misleading to injury of owner or so incorrect as to create in mind of owner any misapprehension as to extent and nature of lienor’s claim. BarrettHicks Co. v. Glas (App. 1910) 14 Cal.App. 289, 111 P. 760. CA CIV CODE § 8416 CA CIV CODE § 8422 BY STATE MECHANIC’S LIEN LAWS CALIFORNIA CALIFORNIA
– 12 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Every person who performs work or furnishes supplies, laborers, equipment, or materials used in construction, alteration, improvement, or repair to property. Includes architects, engineers, and/or draftsmen who provide plans in anticipation. CO ST § 38-22-101 DEADLINE TO PERFECT Lien recordation date contingent upon who is filing (day/piece laborers or other): • Day/Piece Laborer: Before 2 months after completion of improvement. • Others: Before expiration of 4 months after lienor’s last work or materials furnished. Either party can extend the lien deadline by filing a notice per CO ST § 38-22-109 (10) to the earlier of 4 months after completion or 6 months after recording said notice. CO ST § 38-22-109 BROKEN PRIORITY Once filed, lien priority relates back to the date of commencement of the first work under the contract between owner and first contractor. If the contract is not in writing, then date of first work on structure or improvement. “Commencement” of work is any work began, visible or not. This includes design work by architects and engineers. Bankers Trust Co. v. El Paso Pre-Cast Co., 560 P.2d 457 (1977). CO ST § 38-22-106 DURATION OF LIEN Lien will expire if no action commenced within 6 months after one of three dates, whichever occurs last: (1) the date of last work performed by any party; (2) the date of last materials furnished by any party; or (3) the date of completion of the building or improvement. Subject to the above, a statement of lien pursuant to CO ST § 38-22-109 will expire after a year of filing unless an affidavit by the person or one of the persons claiming the lien is refiled within thirty days after each annual anniversary of the filing of said lien statement. CO ST § 38-22-109 CO ST § 38-22-110 CONTENTS OF LIEN (1) Sworn (by lienor or one who has knowledge of fact) written statement; (2) name of the owner/reputed owner of property, if known; (3) name of lienor, name of labor/material furnisher, and name of contractor when lien claimed by subcontractor (if contractor name not known, statement to that effect); (4) property description sufficient to ID the same; (5) statement of amount due or owing; and (6) affidavit of service of intent to file lien statement. Failure to strictly comply with the foregoing will render lien unenforceable. Wellons, Inc. v. Eagle Valley Clean Energy, LLC, 15- CV-01252-RBJ, 2017 WL 2224538, at 6 (D.Colo. May 22, 2017). CO ST § 38-22-109 BY STATE MECHANIC’S LIEN LAWS COLORADO COLORADO
– 13 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person who furnishes materials or renders services in the construction, raising, removal or repairs of any building authorized by the owner of the land. Includes architects, surveyors, and engineers, but not landscaping maintenance or attorney’s work. CT GEN STAT § 49-33 DEADLINE TO PERFECT Certificate of Lien must be filed within 90 days after the materials are furnished or work is completed. Owner must be served with a copy of the Certificate of Lien within 30 days of its filing. CT GEN STAT § 49-34 BROKEN PRIORITY If Certificate of Lien timely filed, lien priority relates back to the date of commencement. “Commencement” is the beginning of work on property, but authorizing owner must hold title to or have an equitable interest in the land at the time the work commenced. Generally excludes plans prior to acquisition of title. Hillhouse v. Duca, 101 Conn. 92, 125 A. 367, 370 (Conn. 1924) New England Sav. Bank v. Meadow Lakes Realty Co., 243 Conn. 601, 622, 706 A.2d 465, 475 (1998) CT GEN STAT § 49-33 DURATION OF LIEN Lien will expire if no action commenced within 1 year after the lien has been perfected or will expire 60 days after a final disposition of an application for reduction or discharge filed under CT GEN STAT § 49-35A. CT GEN STAT § 49-39 Liens expired per CT GEN STAT § 49-39 are automatically extinguished and do not affect marketability of title. CT GEN STAT § 49-40A CONTENTS OF LIEN (1) Sworn written statement by lienor/claimant; (2) description of the property; (3) amount claimed as a lien; (4) name(s) of person against whom lien being filed; (5) date of commencement; (6) statement that amount claimed is justly due Must be served upon owner per method described in CT GEN STAT § 49-35. Substantial compliance required. First Constitution Bank v. Harbor Vill. Ltd. P’ship, 230 Conn. 807, 646 A.2d 812 (1994) CT GEN STAT § 49-34 BY STATE MECHANIC’S LIEN LAWS CONNECTICUT CONNECTICUT
– 14 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person who has performed work or furnished materials to erect, alter, or repair a structure pursuant to authorization from owner/agent of owner (includes work performed by architects). 25 DE CODE § 2702 DEADLINE TO PERFECT Statement of claim filing deadline is contingent upon whether lienor is a contractor (one who has made a contract directly with owner of structure and has furnished labor/materials for said structure): • Direct Contractor: within 180 days of the nine enumerated conditions set forth in 25 DE CODE § 2711 (A)(2)(A-I). • Others: within 120 days from date of completion/last materials furnished (within 120 days that final payment is due to lienor or final payment is made to the contractor). NOTE: Statement of claim creates a cautionary lien that is made permanent by issuance of a scire facias and the entry of a judgment thereon. 25 DE CODE § 2711 BROKEN PRIORITY A statement of lien together with a scire facias resulting in a judgment in rem constitutes a lien that relates back to the latter of: • The date upon which the subject labor began/material furnished or • The time immediately after recordation of a first mortgage which is granted to secure an existing indebtedness or future advances provided at least 50% of loan proceeds are used for payment of labor, materials, or both NOTE: A first mortgage granted to secure a loan to pay the costs of labor or material for a structure shall have priority over a mechanics’ lien. Builders’ Choice, Inc. v. Venzon, 672 A.2d 1, 3 (Del. 1995). 25 DE CODE § 2718 Only vertical construction is lienable; a mechanic’s lien cannot be filed relative to sitework unless the contract for the sitework contains a metes and bounds legal description. See 25 DE CODE § 2703. See also Pearce & Moretto, Inc. v. Hyetts Corner, LLC, 2020 WL 532748 (Del. Super. Jan 31. 2020). Site work alone is generally not lienable – a mechanic’s lien can be filed if the contract for the site work attaches a legal description for the property. 25 Del. C. 2703. Mechanic’s lien statute is not available to those supplying labor for demolition only. Browing-Ferris, Inc. V. Rockford, 642 A. 2d 820 (Del. Super., 1993). DURATION OF LIEN Statement of claim, once filed, constitutes an action to enforce. Resulting judgment – mechanics’ lien is good for the duration of 10 years of entry. Gamles Corp. v. Gibson, 939 A.2d 1269, 1272 (Del. 2007) 25 DE CODE § 2718 CONTENTS OF LIEN (1) In writing; (2) name of claimant; (3) name of owner/reputed owner; (4) name of contract and whether contract was made with owner/owner’s agent/contractor; (5) amount due; (6) date of commencement for subject labor/material; (7) date labor/materials completed; (8) description of land sufficient to ID; (9) statement that work/materials furnished on the credit of structure; (10) amount of claim and statement that it has not been paid; (11) time of recording of any first mortgage granted to secure an indebtedness or future advance where at least 50% used to pay for labor and/or materials; and (12) inclusion of affidavit by claimant stating facts therein are true and correct. Substantial compliance. The above are mandatory and omission will void lien. Warner Co. v. Leedom Const. Co., 1952, 47 Del. 457, 93 A.2d 316, affirmed 48 Del. 58, 97 A.2d 884. 25 DE CODE § 2712 BY STATE MECHANIC’S LIEN LAWS DELAWARE DELAWARE
– 15 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person who contracts or agrees to erect, improve, add to, or repair a building at the direction of the owner or the owner’s authorized agent. Includes subcontractors, but not sub-subcontractors. Does not include real estate agents, unless they take actions which would otherwise qualify as a contractor. DC CODE § 40–301.01 DEADLINE TO PERFECT A notice of intent must be filed in the Land Records. The notice of intent may be filed at any time during construction and must be filed within 90 days after the completion or termination of the work. The notice of intent must also be sent to the owner, by certified mail, within 5 business days after the date it is recorded in the Land Records. If the certified mail is returned, unclaimed, or undelivered, the contractor must post a copy of the recorded notice of intent at affected real property in a location generally visible from an entry point to the real property. DC CODE § 40-301.02 BROKEN PRIORITY The lien relates back to the commencement of work on the building. Exceptions to relation-back priority: • Mortgage or deed of trust given to purchase the property IF that mortgage or deed of trust is recorded within 10 days from the date of acknowledgment • Advances made under a construction mortgage or deed of trust before recording of notice of intent described in D.C. Code DC CODE § 40-301.02. DC CODE § 40-303.07 DURATION OF LIEN The lien will be terminated if no action to enforce the lien is commenced within 180 days after the notice of intent is filed in the Land Records or a lis pendens is not filed in the Land Records within 10 days of commencing suit. DC CODE § 40-303.13 CONTENTS OF LIEN (1) Name/address of contractor; (2) name/address of owner/owner’s agent; (3) name of party lien is claimed against (4) amount claimed; (5) description of work done; (6) dates work was commenced and completed; (7) description of material furnished; (8) dates material was first and last delivered; (9) legal description and, if available, a street address of the property; (10) copy of the contractor’s current license and a certificate of good standing issued within 180 days prior to filing of notice of intent; (11) if available, copy of home improvement contract; and (12) sworn, notarized statement Strict compliance is likely required. Chamberlin Metal Weather Strip Co. v. Karrick, 53 F.2d 928, 929 (D.C. Cir. 1931) DC CODE § 40-301.02 Continued.... BY STATE MECHANIC’S LIEN LAWS DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA
– 16 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. RELEASING THE LIEN PRIOR TO FILING SUIT An undertaking as described D.C. Code § 40-303.16 may be offered before any suit is brought to discharge the property from existing liens. Notice must be given to the party whose lien it is sought to have discharged. The same proceedings as described in D.C. Code § 40-303.16 shall be had in relation to the undertaking to be given after the commencement of the suit. The undertaking must be effective to pay any judgment that may be rendered in any suit that may thereafter be brought for the enforcement of said lien. D.C. CODE § 40-303.17 RELEASING THE LIEN AFTER A SUIT IS FILED The owner of the building and premises to which the lien may have attached may (1) pay into court the amount claimed by the lienor, and such additional amount, to cover interest and costs, as the court may direct; or (2) file a written undertaking, with one or more sureties, to be approved by the court, to the effect that he or she and they will pay the judgment that may be recovered, which may include interest and costs. Provided that when the surety is provided by bond, only one bond is required, and the judgment shall be rendered against all the persons so undertaking. Upon the payment of the money into the court, or the approval of the undertaking the property is released from the lien. The complainant must be given at least 5 days notice of the defendant’s intention to apply to the court to release the lien. The complainant may object to the court’s approval. D.C. CODE § 40-303.16 BY STATE MECHANIC’S LIEN LAWS DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA
– 17 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Anyone who performs work or provides materials to prepare a building site or subdivision FL ST § 713.04 including architects, landscape architects, interior designers, engineers, surveyors and mappers FL ST § 713.03. Lien may be claimed by any person who performs work or provides material under a contract with the owner FL ST § 713.05 or who performs work or provides materials who is not in privity, such as a subcontractor or sub-subcontractor FL ST § 713.06. FL ST § 713.02 DEADLINE TO PERFECT Notice of Commencement must be recorded before commencing or recommencing any work, and work must actually begin with 90 days of recording of Notice of Commencement. FL ST § 713.13 Claim of Lien may be recorded at any time during the progress of work and must be filed within 90 days after final work or provision of materials by lienor. FL ST § 713.08 BROKEN PRIORITY Date of lien/priority is contingent upon whether lien is under FL ST § 713.03 – FL ST § 713.04 or FL ST § 713.05 – FL ST § 713.06: • If lien under FL ST § 713.03 or FL ST § 713.04: priority relates back to the time of recordation of the claim of lien. • If lien under FL ST § 713.05 or FL ST § 713.06: priority relates back to the time of recordation of the notice of commencement and if no notice of commencement, as of the time the claim of lien is recorded. FL ST § 713.07 DURATION OF LIEN A lien shall expire (1) 1 year after the claim of lien has been recorded or (2) 1 year after recording of an amended claim of lien showing a later date of final materials/services rendered unless an action to enforce is commenced within said period. FL ST § 713.22 CONTENTS OF LIEN Required information for instrument depends on whether Notice of Commencement or Statement of Lien. Notice of Commencement requirements set forth in FL ST § 713.13. Claim of Lien requirements set forth in FL ST § 713.08(3). Substantial compliance sufficient. Absent a showing of prejudice, a deficiency, error, or omission will not invalidate a construction lien. Premier Finishes, Inc. v. Maggirias, App. 2 Dist., 130 So.3d 238 (2013) FL ST § 713.13 FL ST § 713.08 BY STATE MECHANIC’S LIEN LAWS FLORIDA FLORIDA
– 18 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Persons who have provided work or materials in connection with construction, repair, and/or improvement in connection with building upon real estate authorized by the legal owner of property. Includes contractors, subcontractors, registered architects, and registered surveyors. GA ST § 44-14-361 DEADLINE TO PERFECT Upon substantial compliance with contract, a claim of lien must be recorded within 90 days of completion of furnishing services/materials GA ST § 44-14-361.1 BROKEN PRIORITY Lien relates back to date of commencement of specific work contracted. Marbut-Williams Lumber Co. v. Dixie Elec. Co., 166 Ga. 42, 142 S.E. 270, 271 (1928) NOTES/EXCEPTIONS: • Work commenced before the requesting party has acquired title will not attach until title is acquired (e.g., architectural plans completed before requestor had legal title will not relate back to before requestor acquired title). Murray v. Chulak, 250 Ga. 765, 769, 300 S.E.2d 493, 497 (1983). • Security Deeds or Deeds to Secure Debt recorded after commencement will still maintain priority if lender has no actual notice of work, construction, or improvement on property and no claim of lien has been filed prior to the recording of the security deed. Gamble v. Pilcher, 242 Ga. 556,557, 250 S.E.2d 416, 417(1978). GA ST § 44-14-361.1(C) DURATION OF LIEN Failure of a lien claimant to commence a lien action within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable. GA ST § 44-14-367 CONTENTS OF LIEN (1) Written statement; (2) name of lienor; (3) amount that is being claimed; (4) the date the claim first came due; (5) the project name; (6) the name of the true owner; (7) description of the property; (8) the purposes for which it was supplied; (9) a statement regarding expiration pursuant to GA ST § 44- 14-367; and (10) a notice to the owner of the owner’s right to contest the lien. The absence of such statement or notice shall invalidate the lien. Strict compliance required for lienor name, owner name, property description, and deadlines; substantial compliance sufficient in amount due and the date the claim became due. 3 Ga. Jur. § 21B:7 GA ST § 44-14-361.1(A)(2) BY STATE MECHANIC’S LIEN LAWS GEORGIA GEORGIA
– 19 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person or association of persons furnishing authorized labor or material in the improvement of real property (includes plans by architect used to get county approval to build). Nakashima Assocs., Inc. v. Pac. Beach Corp., 3 Haw. App. 58, 60, 641 P.2d 337, 339 (1982) HI Rev Stat. § 507-42 DEADLINE TO PERFECT Application and notice for lien must be filed within 45 days after the date of completion. “Date of completion” is the time when the owner or the general contractor for the improvement completes the publication of a notice that the improvement has been completed or has been abandoned and an affidavit of the publication, together with a copy of the notice has been filed in the office of the clerk of the circuit court where the property involved is situated; or if no notice has been published then the “date of completion” is deemed to be one year after actual completion or abandonment. HI Rev Stat. § 507-43 BROKEN PRIORITY Lien generally relates back to the date of visible commencement. Mortgages recorded after visible “Commencement” and before the date of completion and all or a portion of the money advanced under and secured by the mortgage is thereafter used for the purpose of paying for the improvement, have priority over mechanic’s liens to the extent of the payments provided such mortgages recite that the purpose of the mortgage is to secure moneys advanced for the purpose of paying for the improvement in whole or in part. Strouss v. Simmons, 1982, 66 Haw. 32, 657 P.2d 1004. “Visible commencement” is the first actual work of improvement as part of a continuous operation, or the first delivery to the site of materials to be used as part of a continuous operation. HI Rev Stat. § 507-46 HI Rev Stat. § 507-41 DURATION OF LIEN Lien expires 3 months after the entry of the Order Directing Lien to Attach unless proceedings are commenced within that time to enforce the lien. HI Rev Stat. § 507-43 (E) CONTENTS OF LIEN (1) Names of the parties who contracted; (2) name of the general contractor; (3) name of the owner(s) and any person or party with an interest therein; (4) amount of claim; (5) a description of the labor or materials; (6) description sufficient to identify the property; and (7) any other information needed for a clear understanding of the claim. Strict compliance required regarding inclusion of necessary terms. Masaharu Kagoshima v. Kaimi, 38 Haw. 372, 380 (1949). HI Rev Stat. § 507-43 (A) BY STATE MECHANIC’S LIEN LAWS HAWAII HAWAII
– 20 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Every person who performs labor or furnishes material used in construction or repair (includes engineers, licensed surveyors, and those who provide plans/plats/etc.). ID CODE § 45-501 DEADLINE TO PERFECT A claim of lien must be filed within 90 days after completion of work/ furnishing of materials. ID CODE § 45-507 BROKEN PRIORITY Lien priority relates back when the subject work commenced/materials furnished. NOTE: No visible work requirement. Engineer’s mechanic’s lien can relate back to drafting of plans and before any loan issued. Hap Taylor & Sons, Inc. v. Summerwind Partners, LLC, 157 Idaho 600, 602, 338 P.3d 1204, 1206 (2014) ID CODE § 45-506 DURATION OF LIEN Mechanics’ lien will expire 6 months after claim of lien has been filed unless (1) action commenced to enforce within said time or (2) a payment is made/extension of credit given with expiration date thereof (such payment or expiration date must be endorsed on the record of the lien). Lien of a final judgment upon judicial enforcement will expire 10 years from the date of final judgment. ID CODE § 45-510 CONTENTS OF LIEN (1) Written statement verified by oath of claimant or claimant’s agent/attorney; (2) statement of demand amount; (3) name of (reputed) owner, if known; (4) name of employer or to whom materials furnished; and (5) a description of property sufficient to ID. Substantial compliance required. Slight miscalculations in amount will not invalidate lien. ID CODE § 45-507 BY STATE MECHANIC’S LIEN LAWS IDAHO IDAHO
– 21 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who contracts with owner or owner’s agent to construct or improve land (includes contractors, subcontractors, architects, structural engineers, surveyors, registered interior designers, property managers, and rental equipment providers). First Bank of Roscoe v. Rinaldi, 262 Ill. App. 3d 179, 184, 634 N.E.2d 1204, 1208 (1994). IL ST CH 770 § 60/1 DEADLINE TO PERFECT Claim of lien must be filed within 4 month of when work is completed and/or materials are furnished. The 4 months only relates to lien rights from the original (general) contractor as to another creditor, incumbrancer, or purchaser. The original contractor has 2 years to file a lien as to the owner of the property. Subcontractor/material suppliers have 90 days after completion of the work (including extras) or delivery of material to perfect their lien rights. IL ST CH 770 § 60/7 BROKEN PRIORITY Date of lien relates back to the date of contract between owner/owner’s agent and lienor. NOTE: • Subcontractors’ lien will relate back to the original contract date as well. Petroline Co. v. Advanced Envtl. Contractors, Inc., 305 Ill. App. 3d 234, 238, 711 N.E.2d 1146, 1149 (1999) • Lien for additional work originally contracted for (even generally as additional work ) relates back to the date of the original contract. DuPage Bank & Trust Co. v. DuPage Bank & Trust Co. as Trustee under Trust Agreement Dated February 15, 1978 and Known as Trust No. 2195, 122 Ill. App. 3d 1015, 1019, 78 Ill. Dec. 309, 462 N.E.2d 25, 28 (2d Dist. 1984). IL ST CH 770 § 60/7 DURATION OF LIEN Lien must be enforced within 2 years of the date on which materials, fixtures, labor and services were furnished, delivered, and performed on the property. IL ST CH 770 § 60/9 CONTENTS OF LIEN Contents of claim of lien contingent upon whether filed by contractor or subcontractor. • Contractor requirements set forth in IL ST CH 770 § 60/7 • Subcontractor requirements set forth in IL ST CH 770 § 60/24 Strict compliance is required; however, lien will not be invalidated where mistake is not prejudicial. N. Shore Cmty. Bank & Tr. Co. v. Sheffield Wellington LLC, 2014 IL App (1st) 123784, ¶ 95, 20 N.E.3d 104, 122 IL ST CH 770 § 60/7 IL ST CH 770 § 60/24 BY STATE MECHANIC’S LIEN LAWS ILLINOIS ILLINOIS
– 22 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM A contractor, subcontractor, mechanic, lessor leasing construction and other equipment tools, a journeyman, a laborer, or any other person who performs labor or furnishes materials or machinery, including the leasing of equipment or tools, to erect, alter, repair, or remove a structure (includes architects and engineers). Farah, LLC v. Architura Corp., 952 N.E.2d 328, 333 (Ind. Ct. App. 2011). IN CODE § 32-28-3-1 DEADLINE TO PERFECT Statement of lien must be filed within 60 days (residential project) and 90 days (non-residential project) after labor performed or materials furnished. IN CODE § 32-28-3-3 BROKEN PRIORITY Lien relates back to the date the lienor’s work began or materials furnished. However, for construction mortgages on commercial properties, the mortgage has priority over mechanic’s liens that are recorded after the date the commercial mortgage is recorded to the extent of the funds actually owed to the Lender for the specific project to which the lien rights relate. IN CODE § 32-28-3-5(D) For construction mortgages on residential properties, Lenders and mechanic’s lien claimants have parity (equal priority) where the mortgagee and mechanic’s lienholders have notice of each other’s interests. Ward v. Yarnelle, 173 Ind. 535, 91 N.E. 7, 15 (1910). Lincoln Bank v. Conwell Construction, 911 N.E.2d 45 (Ind. App. 2010). “Commencement” does not appear to require that work be visible. O’Hara v. Architects Hartung & Ass’n, 163 Ind. App. 661, 666, 326 N.E.2d 283, 287 (1975) (Architect was granted mechanics’ lien for plans where construction never commenced.) IN CODE § 32-28-3-5 DURATION OF LIEN A lien will be void if not enforced within 1 year of (1) recordation of statement of lien or (2) expiration of credit, if given. IN CODE § 32-28-3-6 CONTENTS OF LIEN (1) Written statement; (2) amount claimed; (3) name and address of the claimant; (4) owner’s name and latest address as shown on the property tax records; (5) legal description; and (6) street and number (if any). Substantial compliance is sufficient so long as it correctly states the above requirements such that all elements are reasonably identifiable. McCartin McAuliffe Mech. Contractor, Inc. v. Midwest Gas Storage, Inc., 685 N.E.2d 165, 168 (Ind. Ct. App. 1997) IN CODE § 32-28-3-3 BY STATE MECHANIC’S LIEN LAWS INDIANA INDIANA
– 23 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who furnishes material or labor in erecting, improving, altering, or repairing a building by virtue of a contract with the owner, owner-builder, general contractor, or subcontractor (includes architects, engineers, etc. only if building is subsequently erected). Gollehon, Schemmer & Assocs., Inc. v. Fairway-Bettendorf Assocs., 268 N.W.2d 200, 201 (Iowa 1978). IA CODE § 572.2 DEADLINE TO PERFECT For relation-back priority, statement of account must be posted to the mechanics’ notice and lien registry within 90 days of the last materials furnished or work performed (otherwise have 2 years and 90 days per IA CODE § 572.9). IA CODE § 572.8 IA CODE § 572.18 BROKEN PRIORITY If lien is posted within 90 days after last work/last material, priority relates back to the day first work commenced under the subject contract and attaches as of that date for all services and materials furnished thereafter. Metro. Fed. Bank v. A.J. Allen Mech. Contractors, Inc., 477 N.W.2d 668, 671 (Iowa 1991) EXCEPTIONS TO ABOVE PRIORITY: • Purchase money mortgages: Always have priority regardless of recording dates. Midland Sav. Bank FSB v. Stewart Grp., LC, 533 N.W.2d 191, 194 (Iowa 1995) • Construction mortgages: In the case of construction mortgages, lien for services and materials will not relate back to the date first work commenced under contract. Rather, commencement date will be determined by commencement of particular work/furnishing of material and if commenced after recordation of construction mortgage, will not have priority over construction mortgage lien. Commencement requires visible work on land. Diversified Mortg. Inv’rs v. Gepada, Inc., 401 F. Supp. 682, 684 (S.D. Iowa 1975) IA CODE § 572.18 DURATION OF LIEN An action to enforce must be brought within 2 years and 90 days from the date on which the last of the material was furnished or the last of the labor was performed. IA CODE § 572.27 CONTENTS OF LIEN (1) Name of the person by whom posted; (2) date and hour of posting; (3) amount; (4) name of the person against whom posted; (5) legal description of the property to be charged with the lien; (6) tax parcel identification number of the property to be charged; (7) address of the property or a description of the location of the property if the property cannot be reasonably identified by an address. Reasonable and substantial compliance required. Should not be so construed to defeat the purpose of the mechanics’ lien policy. Moffitt Bldg. Material Co. v. U.S. Lumber & Supply Co., 255 Iowa 765, 770, 124 N.W.2d 134, 137 (1963) IA CODE § 572.22 BY STATE MECHANIC’S LIEN LAWS IOWA IOWA
– 24 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Any person furnishing labor, equipment, material, or supplies used or consumed for the improvement of real property, under a contract with the owner or with the trustee, agent or spouse of the owner, shall have a lien upon the property for the labor, equipment, material or supplies furnished at the site of the property subject to the lien, and for the cost of transporting the same. Can include architects, surveyors, and engineers. In re Corbin Park, L.P., 470 B.R. 573, 592 (B.A.P. 10th Cir. 2012). KS ST § 60-1101 DEADLINE TO PERFECT Deadline to record claim depends on whether one is a contractor (contracts directly with owner) or subcontractor (contracts with contractor): • Contractor: Within 4 months after the date material, equipment or supplies, used or consumed was last furnished or last labor performed under the contract. On property other than residential property, can be extended to 5 months if notice of extension filed within 4 months since last furnishing labor, equipment, materials or supplies to the job site. KS ST § 60-1102 • Subcontractor/Supplier: Within 3 months after date materials supplied or work performed. KS ST § 60-1103 KS ST § 60-1102 KS ST § 60-1103 BROKEN PRIORITY Lien date relates back to commencement date of earliest work/furnishing of materials that remains unpaid. In re Corbin Park, L.P., 470 B.R. 573, 592 (B.A.P. 10th Cir. 2012). “Commencement” does not require visible work on the land. In re Corbin Park, L.P., 470 B.R. 573, 592 (B.A.P. 10th Cir. 2012). KS ST § 60-1101 DURATION OF LIEN Lien will expire 1 year after lien statement filed unless suit commenced, but if a promissory note was attached to lien statement, lien will instead expire 1 year after the date of maturity of that promissory note. KS ST § 60-1105 CONTENTS OF LIEN For all lien statements: (1) Name of the owner; (2) Name and address sufficient for service of process of the claimant; (3) description of the real property; (4) a reasonably itemized statement or written instrument KS ST § 60-1102 Subcontractors must also include the name of the contractor and if applicable, warning statement per KS ST § 60-1103A or a notice of intent to perform per KS ST § 60-1103B. Strict compliance is required. Above requirements must be included and verified. Buchanan v. Overley, 39 Kan. App. 2d 171, 171, 178 P.3d 53, 54–55 (2008) KS ST § 60-1103 BY STATE MECHANIC’S LIEN LAWS KANSAS KANSAS
– 25 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM One who performs labor or furnishes material to construct, alter, or repair a structure or improvement on real property pursuant to a contract with/ written consent of owner, contractor, subcontractor, architect, or authorized agent. NOTE: Engineers, surveyors, and architects may have a mechanics’ lien ‘style’ lien with similar priorities under KY ST § 376.075. KY ST § 376.010 DEADLINE TO PERFECT Lien must be filed in the office of the county clerk within 6 months from the date the lien claimant provides the last materials or ceases work. KY ST § 376.080 BROKEN PRIORITY Lien date relates back to the time of commencement of the labor or furnishing of materials for which lien claimed. EXCEPTION: Mechanics’ lien will not have priority over a recorded mortgage for value and without notice of mechanics’ lien unless a statement of lien or statement per KY ST § 376.080 showing ML claimant has furnished or expects to furnish materials is recorded before the mortgage. Cardinal Kitchens, Inc. v. Home Supply Co., 467 S.W.2d 775, 776 (Ky. 1971) “Commencement” does not require visible component as architects/engineers can have liens for plans prepared. Perkins v. Daugherty, 722 S.W.2d 907 (Ky. Ct. App. 1987). Any contractor filings i.e. notice of commencement, notice to provide materials must be reviewed as they can prime a mechanic lien and have priority over subsequent deed/mortgage. KY ST § 376.010 Construction Draw Mortgages must be updated prior to all draws as Mechanic liens or notice of commencement can be filed prior to draw and may have priority over subsequent draws. DURATION OF LIEN Lien will be deemed dissolved unless an action is brought within 12 months from the day the lien is filed per KY ST § 376.080. KY ST § 376.090 CONTENTS OF LIEN (1) Sworn and subscribed statement; (2) amount due, with all just credits and set-offs; (3) description of the property sufficiently accurate to identify it; (4) the name of the owner; (5) whether the materials or labor furnished per contract with the owner, contractor, or subcontractor; and (5) name and address of the claimant (if the claimant is a corporation, the name and address of the corporation’s process agent). Strict Compliance is required. PBI Bank, Inc. v. Schnabel Found. Co., 392 S.W.3d 421, 423 (Ky. Ct. App. 2013) KY ST § 376.080 RESIDENTIAL MECHANICS’ LIEN AGENT Va Code 43-4.01 provides for the appointment of a mechanics’ lien agent (MLA) on a residential 1 or 2 family construction. The MLA must be appointed in writing, must accept in writing, and must be named on the building permit, with address and phone number. Written notices to the MLA must be sent by certified mail by any contractor or supplier that wishes to preserve their lien rights on a project. The MLA must provide notice upon request from any settlement agent of any notices it has received. BY STATE MECHANIC’S LIEN LAWS KENTUCKY KENTUCKY
– 26 – 1. This chart is to be used strictly as a guideline to facilitate mechanic’s lien inquiries. Parties using this resource should ensure they are independently confirming the information contained herein before relying on the same. WHO MAY CLAIM Natural or artificial person who contracts, labors, furnishes material leases materials, or provides professional consultation services in connection with work on real property (includes architects, engineers, and surveyors). GRW Engineers, Inc. v. Elam, App. 2 Cir.1987, 504 So.2d 117, writ denied 506 So.2d 1230. La. R.S. 9:4801 La. R.S. 9:4802 DEADLINE TO PERFECT Deadline to file a statement of claim depends on whether a notice of contract was filed and the type of lien claimant: • If the contract or a notice of contract is recorded as required by La. R.S. 9:48111: • General Contractor and other persons having privity of contract with the owner of the land whose lien rights arise under La. R.S. 9:4801: (1) within 60 days after filing a notice of termination or (2) 7 months after substantial completion or abandonment of work if no notice of termination • Persons in privity of contract with the general contractor whose lien rights arise under La. R.S. 9:4802: (1) 30 days after filing notice of termination or (2) 6 months after substantial completion or abandonment of work if no notice of termination. • If there is no recorded contract or notice of contract: • General Contractor who is not required to record the contract under La. R.S. 9:4802 and all other claimants: 60 days after (1) filing a notice of termination or (2) substantial completion or abandonment of work if no termination filed. NOTE: For residential construction, certain claimants have 70 days to file a state of claim. La. R.S 9:4822 BROKEN PRIORITY Lender can create a conclusive presumption that its mortgage has priority over all mechanics and materialmen’s liens by causing an affidavit by a qualified inspector to the effect that he inspected the immovable at a specified time and work had not been commenced and materials had not been placed at the site provided that the inspection occurs and the affidavit is filed within 4 days before or 4 days after the recordation of the mortgage. Date of lien relates back to the earlier of: • Notice of contract filing under La. R.S. 9:4811 • Commencement of work by placing material at the site or visible work (architectural, engineering, certain prep work will not be considered). NOTE: Commencement of work relates back to the first work done with the exception of where a notice of contract was recorded or work was preliminary site work such as drafting plans, completing surveys, etc. These things will be considered separate projects. La. R.S. 9:4821 La. R.S. 9:4808 DURATION OF LIEN Action to enforce must be brought within 1 year of filing a statement of claim. La. R.S. 9:4823 CONTENTS OF LIEN (1) In writing; (2) signed by claimant or claimant’s representative; (3) reasonable identification of immovable for which labor performed / materials furnished; (4) amount and nature of obligation; and (5) identification of requesting and/or record owner. Strict compliance required and technical defects will defeat claim where notice does not adequately serve purpose. Buck Town Contractors & Co. v. K-Belle Consultants, LLC, 2015-1124 (La. App. 4 Cir. 4/6/16), 216 So. 3d 981, 984, writ denied, 2016-0831 (La. 9/6/16), 205 So. 3d 915 La. R.S. 9:4822 BY STATE MECHANIC’S LIEN LAWS LOUISIANA LOUISIANA
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