All lien affidavits (construction liens), Sworn Statement of Accounts (document attached to a bond claim), and lien releases must be notarized and filed. Bond Claim Sworn Statement of Accounts are filed with the Surety Company on record, and they should be mailed via Certified Mail with Return Receipt Requested.

A Mechanic’s Lien Affidavit is a document used by contractors, suppliers, and any person that is not getting paid for the labor, services or materials delivered to a construction project. A mechanic’s lien, protects claimants by asserting rights against the actual real property (real estate) for the unpaid work or services performed on that specific property.  Depending on where you are located, a Mechanic’s Lien Affidavit can also be referred as “Project Lien”, “Construction Lien” and even “Contractors Lien”.

If the general (prime) contractor did not provide the bond information at the time of entering into the contract, you should request it verbally or on writing as soon as possible. Bond claims and liens have very similar deadlines and requirements having all the necessary information at hand is of utmost importance. If you still don’t get the bond information, in most cases you can get it requesting it to the project owner. If you have the bonding company information but not the bond number, you can still file a bond claim.

After the claim has been sent to the General Contractor and Bond Company, you cannot file suit on a bond claim for the first sixty days (60). If, however, you are unable to settle your dispute within that time, you must file a lawsuit against the bond before the expiration of one (1) year from the filing date of the bond. If you fail to file suit within this time period, your claim against the bond will expire.

Sometimes, contractors are not aware that when they have a direct contract with the project owner, they are not required to send notices of intent to lien (or pre-lien notices). Original contractors have a constitutional right to file a lien directly without giving any notice to anyone. They do however, must file the lien no later than the 15th day of the 4th month after ANY the following events happened during the execution of the contract: a) Written Termination b) Abandonment of Project c) Settlement or; d) Completion of the Contract Unlike mechanic’s liens filed by subcontractors where they must file a lien per each month that goes unpaid, general contractors only need to file one lien claiming for one grand total owed. And must also send a copy of the recorded lien affidavit to the owner within 5 calendar days following the date the lien affidavit was recorded with the county clerk. Below is a chart with the deadline to file a lien for each month of the year. 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.