This is an important issue that is often misunderstood. The dates and deadlines related for lien and bond claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant for these claims.
The important issues are when the work was actually performed and the value of the work for each individual month.
A helpful example? Assume that a contractor completed a three-month painting project that lasted from January to March. The contractor would need to separately identify the value of the work performed for January, February, and March. It would not matter if only one invoice was issued at the end of the project.
The deadlines will vary depending on the type of document and the type of contractor or supplier. General deadlines can be found in the chart below.
IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A VALID LIEN WILL EXTEND TO THE NEXT BUSINESS DAY AFTER THAT WEEKEND OR HOLIDAY.
| Original (General) Contractor – Constitutional – Mechanic’s Lien Requirements | |||
|---|---|---|---|
| Chart of Filing Deadlines | |||
| Month of: a) Written Termination b) Abandonment of Project c) Settlement or: d) Completion of the Contract |
Commercial Projects (Private) 🔗 | ||
| Pre-lien Notice to Property Owner is Not Required |
File the Lien Affidavit On or Before: | ||
| January | None | May 15th | |
| February | None | June 15th | |
| March | None | July 15th | |
| April | None | August 15th | |
| May | None | September 15th | |
| June | None | October 15th | |
| July | None | November 15th | |
| August | None | December 15th | |
| September | None | January 15th | |
| October | None | February 15th | |
| November | None | March 15th | |
| December | None | April 15th | |
| Subcontractor (1st Tier) Lien Requirements | |||
|---|---|---|---|
| Chart of Filing Deadlines | |||
| Month of Activity | Commercial Projects (Private) 🔗 | ||
| Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
| January | March 15th | April 15th | May 15th |
| February | April 15th | May 15th | June 15th |
| March | May 15th | June 15th | July 15th |
| April | June 15th | July 15th | August 15th |
| May | July 15th | August 15th | September 15th |
| June | August 15th | September 15th | October 15th |
| July | September 15th | October 15th | November 15th |
| August | October 15th | November 15th | December 15th |
| September | November 15th | December 15th | January 15th |
| October | December 15th | January 15th | February 15th |
| November | January 15th | February 15th | March 15th |
| December | February 15th | March 15th | April 15th |
| IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project, but only if you sent the pre-lien notice for that specific month on time. |
|||
| Sub-subcontractor (2nd Tier) Lien Requirements | |||
|---|---|---|---|
| Chart of Filing Deadlines | |||
| Month of Activity | Commercial Projects (Private) 🔗 | ||
| Send Invoice by: | Send Pre-lien Notice to Property Owner and Original Contractor by: |
File the lien by the following date OR within 30 days after the overall project is complete**. | |
| January | March 15th | April 15th | May 15th |
| February | April 15th | May 15th | June 15th |
| March | May 15th | June 15th | July 15th |
| April | June 15th | July 15th | August 15th |
| May | July 15th | August 15th | September 15th |
| June | August 15th | September 15th | October 15th |
| July | September 15th | October 15th | November 15th |
| August | October 15th | November 15th | December 15th |
| September | November 15th | December 15th | January 15th |
| October | December 15th | January 15th | February 15th |
| November | January 15th | February 15th | March 15th |
| December | February 15th | March 15th | April 15th |
| IMPORTANT:
**You can file a lien affidavit 30 days after completing the overall project, but only if you sent the pre-lien notice for that specific month on time. |
|||
| Residential Projects | ||||
|---|---|---|---|---|
| Month of Activity | Subcontractor - deadlines | |||
| Pre-lien Notice to Owner and Original Contractor | Last Day to File the Lien Affidavit | |||
| January | March 15th | April 15th | ||
| February | April 15th | May 15th | ||
| March | May 15th | June 15th | ||
| April | June 15th | July 15th | ||
| May | July 15th | August 15th | ||
| June | August 15th | September 15th | ||
| July | September 15th | October 15th | ||
| August | October 15th | November 15th | ||
| September | November 15th | December 15th | ||
| October | December 15th | January 15th | ||
| November | January 15th | February 15th | ||
| December | February 15th | March 15th | ||
| Residential Projects | ||||
|---|---|---|---|---|
| Month of: a) Written Termination b) Completion c) Abandonment |
Original contractor - deadlines | |||
| Pre-lien Notice to Owner | Last Day to File the Lien Affidavit | |||
| January | None | April 15th | ||
| February | None | May 15th | ||
| March | None | June 15th | ||
| April | None | July 15th | ||
| May | None | August 15th | ||
| June | None | September 15th | ||
| July | None | October 15th | ||
| August | None | November 15th | ||
| September | None | December 15th | ||
| October | None | January 15th | ||
| November | None | February 15th | ||
| December | None | March 15th | ||