As your construction business grows, you may find yourself working in many different locations. Often, especially when you cross state lines, you’ll find that changes in construction laws and, in particular, lien laws in the different states, will require you to change your business processes. Managing multiple jurisdictions is a great time to stop and re-visit your business processes from reviewing your contract to the way you collect and track job information. Taking the time to set it up right in the beginning can save you a world of headache in the future.
Timelines
The most important difference to pay attention to is that different state lien laws have different timelines. These timelines can affect when you need to let the owner know you’re working on a project. They also affect when in your invoicing and collections process you need to file a notice of intent to lien and the mechanics lien itself.
Finally, the length of time a lien lasts varies from state to state. In some states, you’ll need to start a formal collections action within a few months whereas, in other states, you may be able to sit on it for a few years. In all cases, you’ll want to know how long mechanics liens last so you can release the liens you decide not to pursue.
Required Notices
The notices required in lien laws by state varies, with some states requiring an initial notice that a contractor or subcontractor is working on a particular site. Other states require you to send out a notice of intent to lien to let the owner, contractor, and mortgage holder know that you haven’t been paid in a timely fashion for an invoice. You may also be required to send out a notice when you’ve released the mechanics lien, either because you’ve collected on the unpaid invoice or because the lien statute has lapsed.
Who to Send Liens To
Another important detail to pay attention to when crossing state lines is that there may be a change in which parties need to receive your notices and a copy of the lien. This also changes as you move up the contracting chain, with general contractors having different notice requirements than subcontractors, suppliers, and laborers.
How to File Liens
Filing a mechanics lien, as well as the release of lien, is handled differently in different counties as well as across state lines. If you’re unsure about the requirements for a particular county, a quick call to the Registrar of Deeds office in the county where the project is located will give you the particulars you need. Whether they prefer e-filing or a certain number of copies, they’ll be happy to fill you in ahead of time to make their job of accepting the lien that much easier.
Thankfully, you don’t need to figure all these details out by yourself. The experienced team at National Lien & Bond is ready to help you discover the process that will work best for your business and be available to answer questions when the unexpected occurs. To learn more, reach out and arrange one of our lien seminars, where we talk to your managers about mechanics lien law as it applies to your projects.
This blog is for educational purposes only and not intended for legal advice.
Frequently Asked Questions
Which states require a preliminary notice before filing a mechanics lien?
Approximately 35 states require some form of preliminary notice from sub-tier claimants before a mechanics lien can be filed. Major preliminary-notice states include: California (20-day Preliminary Notice, Cal. Civ. Code § 8200), Florida (45-day Notice to Owner, Fla. Stat. § 713.06), Texas (monthly fund-trapping notices, Tex. Prop. Code § 53.056), Arizona (20-day Preliminary 20-Day Notice, A.R.S. § 33-992.01), Washington (60-day Pre-Claim Notice, RCW 60.04.031), Nevada (31-day Notice of Right to Lien, NRS § 108.245), and Utah (20-day Preliminary Notice, Utah Code § 38-1a-501). States that do NOT require preliminary notice include New York, Illinois, Pennsylvania (for most claimants), and Massachusetts.
What are the shortest and longest mechanics lien filing deadlines in the US?
Shortest filing windows: Texas residential (15th day of the third month after the last month of work, Tex. Prop. Code § 53.052), California (90 days from completion, Cal. Civ. Code § 8412 — accelerated to 30 days from a Notice of Completion), Florida (90 days from last furnishing, Fla. Stat. § 713.08). Longest filing windows: New York commercial (8 months from last furnishing, N.Y. Lien Law § 10), Massachusetts (90 days from last furnishing for Notice of Contract plus 30 days from termination for Statement of Account, M.G.L. c. 254). Most states fall in the 60-120 day range. National Lien & Bond's 50-state deadline-tracking system calculates the correct deadline for every project.
What are the foreclosure suit deadlines for mechanics liens by state?
Foreclosure deadlines vary dramatically: California (90 days from recording, Cal. Civ. Code § 8460 — shortened to 60 days by § 8480 demand), Florida (1 year from recording, Fla. Stat. § 713.22 — shortened by § 713.22(2) Contest of Lien to 60 days), Texas (1 year from last day to file for residential, 2 years for commercial), New York (1 year from filing, N.Y. Lien Law § 17 — extendable by court order), Illinois (2 years from completion, 770 ILCS 60/9), Washington (8 months from filing, RCW 60.04.141). Foreclosure deadlines cannot be tolled — disciplined deadline tracking is the determinative factor in lien recovery.
Which states allow mechanics liens on residential homestead property?
Most states allow mechanics liens on residential homestead property as long as the homeowner contracted for or authorized the work. The major exception is Texas, where Tex. Prop. Code § 53.254 requires strict pre-work compliance for liens on homestead: (1) written contract signed before work begins; (2) contract signed by both spouses if married; (3) recorded with the county clerk before work begins; (4) specific homestead notice language. Texas residential homestead liens are routinely lost for non-compliance. California, Florida, Illinois, New York, and most other states allow liens on homestead with standard procedure. Florida requires a properly-recorded Notice of Commencement under § 713.13.
What states require statutory lien waiver forms?
California (Cal. Civ. Code §§ 8132-8138), Arizona (A.R.S. § 33-1008), Georgia (O.C.G.A. § 44-14-366), Mississippi (Miss. Code § 85-7-419), Missouri (Mo. Rev. Stat. § 429.609), Nevada (NRS § 108.2457), Texas (Tex. Prop. Code § 53.281-285), Utah (Utah Code § 38-1a-802), and Wyoming (Wyo. Stat. § 29-10-101) mandate statutory lien waiver forms. Waiver language that differs from the statutory form is unenforceable. Most other states allow common-law waiver language with general consideration and intent requirements. Unpaid contractors should never sign a waiver in a statutory-form state without first verifying the form matches the statute exactly.
Which states have the strongest prompt-payment statutes for contractors?
Prompt-payment statutes are powerful claimant-side recovery tools that operate in parallel with mechanics liens. The strongest claimant-friendly prompt-payment statutes are in: California (Cal. Civ. Code § 8800, 2% per month interest plus attorney's fees), New York (Gen. Bus. Law § 756, 1% per month interest plus fees), Texas (Tex. Prop. Code § 28.001, 18% annualized plus fees), Pennsylvania (73 P.S. § 502, 1% per month plus fees), Illinois (815 ILCS 603, 10% per annum interest), and Massachusetts (M.G.L. c. 149, § 29E, mandatory progress payments with strict timelines). National Lien & Bond pursues prompt-payment penalties in parallel with lien claims to maximize total recovery.
What are the federal Miller Act and state Little Miller Acts?
The federal Miller Act (40 U.S.C. §§ 3131-3134) requires payment bonds on federal construction projects over $150,000 — protecting unpaid subcontractors and suppliers who cannot lien federal property. Sub-tier claimants must serve a 90-day notice on the prime and surety and file suit within one year. Every state has a similar "Little Miller Act" covering state and municipal public works — including New Jersey (N.J.S.A. 2A:44-143 et seq.), Illinois (30 ILCS 550/1), Florida (Fla. Stat. § 255.05), California (Cal. Civ. Code § 9550 et seq.), Texas (Tex. Gov't Code § 2253), and New York (State Finance Law § 137). National Lien & Bond pursues both federal Miller Act and state Little Miller Act bond claims.
How does National Lien & Bond handle mechanics lien claims in 50 states?
National Lien & Bond files mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors in all 50 states. Hal Emalfarb's firm at Emalfarb Swan and Bain handles all Illinois-licensed engagements directly — Hal is admitted in Illinois only. For the other 49 states, NLB maintains a vetted network of construction-payment attorneys who handle pre-lien notices, Claim of Lien recording, foreclosure suits, and bond claims in their jurisdictions. NLB's 50-state deadline-tracking system calculates every pre-lien notice deadline, recording deadline, and foreclosure deadline for every active claim. Contact NLB for a free initial consultation and state-specific attorney referral.