If you are building or repairing a house, building, or improvement and providing material or labor then you are a “Claimant” – for mechanic’s lien purposes.

There are different types of Claimants and processes to follow but everyone must do these things:

  1. Notice: send a notice before filing their mechanic’s lien.  This simply alerts the owner of the property that someone has not been paid. 

**If you are a subcontractor, then you will have to notify both the original contractor and the owner as well.

  1. Affidavit: Prepare and file an affidavit of mechanic’s lien in the county where the property is located.  The affidavit must be sent to the property owner within 5 days of filing. 

**If you are a subcontractor, then you must send the affidavit to the original contractor and the owner.

Deadlines to file the affidavit:

  • Residential projects – file by the 15th day of the 3rd calendar month after the start of construction.
  • Non-residential projects- file by the 15th day of the 4th calendar month after the start of construction.

PS. Tip – please have an “Affidavit of Commencement” prepared and filed when you begin construction – you will be so thankful you did.