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:
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 | ||