Mechanics Lien Deadline Mistakes and What to Do After One

If you missed a mechanics lien deadline, the lien is usually gone. Most statutes say a late claim cannot be enforced. You may still get paid through a demand letter, a suit on your contract, or a bond claim on public work.

A mechanics lien is a claim against real property that secures payment for the work or materials that improved it. Below are seven common ways claimants lose one, each with a state example, and what you can still do. Your state lien page has the exact rules where you work.

How do claimants lose lien rights?

Sending the preliminary notice late

A preliminary notice tells the owner, early in the job, that you are working there. In many states it is a condition of the lien. California requires it within 20 days after you first furnish work. A late notice still works, but only for work from the 20 days before it was served onward (Cal. Civ. Code § 8204). Florida's notice to owner is due before you start or within 45 days after, and before the owner's final payment (Fla. Stat. § 713.06). See the preliminary notice page for what it takes.

Using the wrong date to count from

Counting from the wrong event

Deadlines do not all run from your own last day. In California, a subcontractor or supplier records before the earlier of 90 days after completion of the whole project or 30 days after the owner records a notice of completion (Cal. Civ. Code § 8414). If you do not check the county records, the 30-day window can close before you notice. Georgia counts 90 days after you completed the work or furnished the materials (O.C.G.A. § 44-14-361.1).

Counting from the invoice instead of last furnishing

Your last furnishing date is the last day you performed work or delivered materials on the job. It is not your invoice date, and it is not the date payment was due. Florida runs 90 days from your final furnishing (Fla. Stat. § 713.08(5)). Texas does not count days at all: the deadline is the 15th day of the 4th month after the month you last furnished (Tex. Prop. Code § 53.052). Run your dates through the lien deadline calculator.

Missing the residential rules

Homes often get shorter deadlines or extra steps. In New York the notice of lien is due within eight months, but four months for a single-family dwelling (N.Y. Lien Law § 10). In Texas, residential projects move the affidavit deadline from the 4th month to the 3rd (§ 53.052). Nevada requires a 15-day notice of intent on residential work only (NRS 108.226(6)). In Kentucky, a subcontractor on an owner-occupied one- or two-family home must notify the owner within 75 days after last furnishing (KRS 376.010(5)).

Skipping the oath, or filing in the wrong place

Most states require a sworn or verified claim. The Texas affidavit must contain a sworn statement of the amount (§ 53.054). New York requires the notice of lien to be verified (N.Y. Lien Law § 9). California requires the claimant to verify the claim (Cal. Civ. Code § 8416).

File where the property is. In Florida, if the property lies in two or more counties, record the claim in each (§ 713.08(5)). In Maryland you do not record a claim at all: you file a petition in the circuit court for the county where the land is, within 180 days (Md. Code, Real Prop. § 9-105).

Missing the steps after you file

Filing on time is not the end. In New York, you must file proof of service on the owner within 35 days after filing, or the notice ends as a lien (N.Y. Lien Law § 11). In Kentucky, a copy of the statement goes to the owner within 7 days after filing, or the lien is dissolved (KRS 376.080).

Then the lien expires unless you sue. California allows 90 days after recording (Cal. Civ. Code § 8460). New York allows one year, which you can extend once by filing an extension, except on a single-family dwelling (N.Y. Lien Law § 17). Georgia allows 365 days, plus a notice of the lien action filed with the clerk (O.C.G.A. § 44-14-367).

What can you do after a missed deadline?

First, check that it really passed. Recount from the correct trigger. A late California notice may still cover your later work. Florida and Texas move a deadline that falls on a weekend or holiday to the next business day (Fla. Stat. § 713.011; Tex. Prop. Code § 53.003(e)).

If it did pass, the lien is gone but the debt is not.

• Send a demand letter. A firm written demand often gets a response. eRegister's payment demand letter is drafted and mailed for $49.
• Sue on the contract. You can still sue whoever hired you for the unpaid balance. Contract claims have their own limitation periods under state law, so confirm yours with counsel.
• Make a bond claim on public work. Public property cannot be liened, so unpaid parties claim on the prime contractor's payment bond. On federal work, a party hired by a subcontractor gives the prime written notice within 90 days after its last work, and sues within one year (40 U.S.C. § 3133). On Texas public work, notice is due by the 15th day of the 3rd month after each month of work, and suit within one year after the notice is mailed (Tex. Gov't Code §§ 2253.041, 2253.078).

For the next job, see the mechanics lien deadlines by state and our guide to what to do when a contractor or owner does not pay.