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 each has a process to follow to perfect their lien.
All Claimant’s must do a couple 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
- 2) 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.
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- 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.
- Deadlines to file the affidavit:
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PS. Please have an “Affidavit of Commencement” prepared and filed when you begin construction. It will serve you greatly if you need to file a mechanic’s lien later.