Deadline to Serve the Pre-Lien Notice Letter on a Commercial Project

Contractors Hired by the Property Owner

If you were hired by the Property Owner, then you are not required to serve a Pre-Lien Notice before filing a lien against the property.

Subcontractors Hired by the General Contractor

If you were hired by the General Contractor, then you must serve the Property Owner and the General Contractor with a Pre-Lien Notice by no later than the 15th day of the third month following each and every month in which you provided unpaid labor and/or materials to the project.  For example, if you provided labor to a project in March, April, and May, and did not receive payment, then you must serve the Pre-Lien Notice by no later than June 15 (which is the 15th day of the third month from March) for all three unpaid months.  If you wait until June 16th to send the Notice, then you will waive your lien rights for the month of March, but would still be perfected for April and May.

Subcontractors Hired by Another Subcontractor

All other Subcontractors or Material Suppliers who were not hired by the Property Owner or the General Contractor (also known as Second-Tier Subcontractors) must send two Pre-Lien Notices before filing a lien (or combine the two Notices into one–read below).  The first Notice (referred to as the Second Month Notice) must be sent to the General Contractor by the 15th day of the second month following each and every month in which you provide unpaid labor and/or material to the project.

You must also send Notice of the unpaid balance to the Property Owner (or reputed owner) and General Contractor by no later than the 15th day of the third month following each and every month in which you provide unpaid labor and/or material to the project.

These two Notice requirements may be combined into one Notice and sent to both the Property Owner and the General Contractor, if sent by the 15th of the second month.

If the 15th day of the month falls on a Sunday or a legal holiday, then you must serve the Notice on the preceding Saturday and/or business day to ensure timely service.

SECOND MONTH NOTICE CALENDAR

In the left-hand column, locate the month that you provided labor and/or materials to the project and for which you have not yet been paid.  In the corresponding left-hand column, is the deadline for filing a lien for money owed for the labor and/or materials provided to the project in that month.

THIRD MONTH NOTICE CALENDAR

In the left-hand column, locate the month that you provided labor and/or materials to the project and for which you have not yet been paid.  In the corresponding right-hand column, is the deadline for filing a lien for money owed for the labor and/or materials provided to the project in that month.