How do you assert a construction lien?
A construction lien is a right permitted to those in the construction industry who provide materials, services or labor to real property. If one who provides these services or materials are not paid, he or she may be able to force the sale of the property in order to recover their money. Let’s talk about the five specific deadlines associated with most, but not every, construction lien.
1. Within 45 days of first work on a project, those in the construction industry need to send what is called a Notice to Owner. This is a document that is sent to the owner to inform him that work is being on their property.
2. Within 90 days of last work on the job, one needs to record a Claim of Lien in the public records of where the project is located.
3. Within 15 days of the recording date of the Claim of Lien, one then needs to send a copy of the Claim of Lien to all interested parties. Primarily that would be the contractor and owner, and anyone else listed on the Notice of Commencement.
4. Anyone that has a direct contract with the owner needs to send the owner what is called a Contractor’s Final Affidavit. This needs to be done at least 5 days prior to the time that suit is filed to foreclose the Claim of Lien.
5. Finally, within 1 year of the recording date of the Claim of Lien, the lienor must file suit to foreclose his or her lien.
When asserting your lien rights, it is imperative that you comply with very specific time frames. Failure to do so could render your lien unenforceable.