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The dates and deadlines related for lien claims are based off the month and year in which the work was actually performed. The invoice date and company accounting methods are irrelevant in these cases.
Additionally, to qualify to file a lien claim on a property for a commercial project, the subcontractor or supplier, is required to send the invoice or request payment by the 15th day of the second month after the month the work was performed.
A subcontractor who has a direct contract with the General Contractor is called a Tier 1 Subcontractor. The chart below shows the deadline to send Invoices, Pre-lien Notice Letter and Lien Affidavit for private commercial projects for Tier 1 Subcontractors:
IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.
| Subcontractor (1st tier) Lien Requirements | |||
|---|---|---|---|
| Chart of Time Deadlines | |||
| Month of Activity | Private Projects | ||
| Invoice | Prelien notice to Owner and Original Contractor | File Lien Affidavit | |
| 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 |
A Sub-subcontractor who has a direct contract with another Subcontractor is called a Tier 2 Subcontractor. The chart below shows the deadline to send Invoices, Pre-lien Notice Letter and Lien Affidavit for commercial projects for Tier 2 and lower Sub-subcontractors:
IMPORTANT, IF THE 15th OF THE MONTH FALLS ON A WEEKEND OR A HOLIDAY, THE LAST DAY TO FILE A LIEN WILL ALWAYS MOVE TO THE EARLIEST BUSINESS DAY.
| Sub-Subcontractor (2nd Tier) Lien Requirements | |||
|---|---|---|---|
| Chart of Time Deadlines | |||
| Month of Activity | Private Projects | ||
| Invoice | Notice to Original Contractor and Property Owner | 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 |
| If the required notices were sent 30 days after completion of the overall project. | |||
