Western States Mechanic’s Liens

Significant Dates and Requirements of Mechanic’s Lien Statutes Of Selected States

Alaska:

  • Notice of Right to Lien are like preliminary twenty day notices, but are not required.
  • Record the lien 90 days after the project is completed, or 90 days after the lien claimant ceased to furnish labor or materials.
  • Upon receipt of a Notice of Completion,
    • If the lien claimant received prior notice of the owner’s recording a Notice of Completion, record lien or a Notice of Right to Lien within 15 days of receiving the Notice of Completion. Recording the Notice of Right to Lien within 15 days will extend the time to record a lien to 90 days.
    • If the lien claimant did not receive prior notice of the recording of the Notice of Completion, record the lien within 90 days after receiving Notice of Completion.
  • Can record lien any time after commencement of the project.
  • File suit to foreclose within 6 months, or it expires; no penalty for not releasing the lien.
  • Owner can post a notice of non-responsibility on the property.
  • Alaska has a statute authorizing lien discharge bonds, 1.5 times the amount claimed.
  • Alaska has a “stop lending notice” remedy.
  • In Alaska, attorneys’ attorneys’ fees pay be awarded against a supplier’s customer.


Hawaii:

  • No prelien requirement
  • You need prior court permission to record a mechanic’s lien, requested by filing an Application For Mechanic’s Lien and a Notice of Mechanic’s and Materialman’s Lien and demand. A hearing is set very soon after the filing, and you must present evidence to prove that you have “probable cause” to record a lien.  Notice must be provided to the owner, general and subcontractor, if any.
  • Record a lien within 45 days of the owner publishing a Notice of Completion and Affidavit of Publication and filing them in court. If no Notice of Completion and Affidavit of Publication have been filed, then the project is deemed completed or abandoned 1 year after the last work on the project.  In that case, the deadline to record a lien is 1 year and 45 days.
  • Commence a foreclosure action within 90 days of the court authorizing the lien
  • When property is owned by the state but leased to a private party, the leasehold interest can be liened.
  • Prompt payment: general contractors must pay their subs within 10 days of receiving the subs’ invoice, or be subject to 18% interest, but the statue is silent as to material suppliers.
  • Hawaii has a statute authorizing lien discharge bonds, 2 times the amount claimed.
  • In Hawaii, attorneys’ attorneys’ fees pay be awarded against a supplier’s customer.


Idaho

  • No prelien notice required.
  • File lawsuit to foreclose the lien within 6 months. However, if an Extension of Credit is granted, and is recorded, it allows more time to file a lien foreclosure lawsuit.
  • Record the lien within 90 days after completion of labor or services, or furnishing of materials. Currently, it is unclear as to whether this means 90 days after the entire project is completed or 90 days after your work is completed.
  • Idaho has a statute authorizing lien discharge bonds, 1.5 times the amount claimed. A court hearing is required to request that the lien be discharged.
  • In Idaho, Mechanic’s liens can be waived in the future.
  • In Idaho, attorneys’ fees are awardable to the prevailing party.


Montana

  • A Notice of Right to Claim Lien must be filed within 20 days after the date materials or services were first provided if owner-occupied residential, within 45 days if residential and not owner occupied, with a construction lender. They are valid for 1 year, but may be extended another year.
  • A Lien Notice must be filed within 90 days of the final furnishing of services and materials or the filing of a Notice of Completion by the property owner.
  • A lien foreclosure action must comment within two years.
  • If the property owner publishes (ones a week for three weeks) a Notice of Completion (after the project is complete or work has not occurred for 30 days), a lien must be recorded within 90 days.
  • Montana has a statute authorizing lien discharge bonds, 1.5 times the amount claimed.
  • No ability to post notice of non-responsibility.
  • If lien is paid, a satisfaction of lien must be recorded and/or filed in court.


Nevada

  • Pre-lien, called Notice of Right of Lien, is required, delivered or sent certified mail to owner, general, subcontractor
  • 15 day notice is required for residential construction projects delivered or sent certified mail to owner, general contractor
  • Serve the Notice of Lien upon the property owner within 30 day after recording the Notice of Lien
  • The lien is effective for 6 months from the date the Notice of Lien was recorded. A lawsuit must be initiated within that time unless the time to commence the lawsuit has been extended by written agreement.
  • Wait 30 days from recording the Notice of Lien to initiate a lien foreclosure action.
  • Notice of Foreclosure must be published for 3 consecutive weeks in the newspaper
  • In Nevada, attorneys’ fees are awardable to the prevailing party.


Oregon

  • A prelien notice is required on residential projects. On commercial projects, preliens are required of material suppliers and renters of equipment who have a contract with the general or a subcontractor.
  • Preliens in Oregon relate back only 8 days.
  • Lien should be recorded within 75 days of last providing labor or materials to the project, or the project’s completion. The manner of delivery of the lien is unclear—personally serving the lien on the owner is safest; certified mail may also be effective.
  • The lien should also include language to provide notice of your intent to foreclose it; it will be then called Notice of Filing Claim of Lien and Notice of Intent to Foreclose.
  • File lien foreclosure lawsuit within 120 days of serving the Notice of Filing Claim of Lien and Notice of Intent to Foreclose, but if you wait 10 days after you have served it, you will be entitled to an award of attorneys’ fees.
  • The lien is unenforceable if it contains charges that are clearly not appropriate, for example, lost profit.
  • Lenders on new property have superpriority; they will have higher priority than a lien that was recorded prior to their deed of trust.
  • If the owner records a Notice of Completion, lien claimants have 75 days to record a lien.
  • Oregon has a statute authorizing lien discharge bonds, 1.5 times the amount claimed.
  • If a lender demands a list of materials and prices for what has been supplied to the project and the supplier does not provide it within 15 days, the supplier loses its lien priority over the lender.
  • If an owner demands a list of materials and prices for what has been supplied to the project and the supplier does not provide it within 15 days, the supplier loses its right to claim attorneys’ fees in the action.
  • In Oregon, attorneys’ fees are awardable to the prevailing party if you served an Intent to Foreclose and waited 10 days to file the lawsuit.


Utah

  • Notices, specifically, notices of commencement, preliminary notices and notices of completion are filed and viewable from the State Construction Registry.
  • File preliminary notice within 20 days of the project commencing or a Notice of Commencement being filed. File preliminary notice within 10 days of receiving Notice of Completion.
  • After the preliminary notice is filed, a lien claimant has 90 days from the date of final completion of the original contract to file and record a lien.
  • Lien foreclosure lawsuit must be filed within 180 days from the date the lien is filed, and file a notice of pendency of action within that time.
  • on a residence, the lien claimant must comply with the Residence Lien Restriction and Lien Recovery Act.
  • In Utah, attorneys’ fees are awardable to the prevailing party.


Washington

  • A Notice to Owner (prelien) must be given to an owner when the work is on a project of 4 or fewer residential units and the bid price is $1,000 or more. The notice is also required on commercial projects when the bid is $1,000 or more, but less than $60,000. Serve by hand delivery or certified mail, return receipt requested.
  • Relation back:
    • In
      • Commercial construction or
      • a remodel, alteration, or repair of an owner-occupied, single-family residence (improvements to a house that has already been built),

the Notice relates back 60 days.

  • For new construction of a single-family residence, the Notice relates back 10 days.
  • To have lien rights on a residential project in excess of $1,000 or a commercial project less than $60,000, a Model Disclosure Statement must be given if in direct contract with the owner.
  • A Notice to Owner must be served on the owner, as a prerequisite to recording a lien.