The lien asserts that the claimant is entitled to an interest in the property for the total value of their work. Since an owner will have difficulty selling or acquiring a loan against a property with a lien attached to it, they will be incentivized to pay the claimant as quickly as possible.
Within twenty (20) days of furnishing materials, labor, or services, the claimant must serve a preliminary lien notice on the owner, original contractor, construction lender, and the individual with whom the claimant has contracted for the purchase of items. A copy of the preliminary notice, as well as a copy of the contract between the claimant and the hiring party (if written), must be attached to the lien form.
Laws & Requirements
- Laws: Title 33, Ch. 7, Art. 6
- Signing Requirements (§ 33-993(A)): Claimant and Notary Public
- Time Limit for Recording Lien (§ 33-993(A)): One hundred and twenty (120) days after contract completion, or sixty (60) days after recording a Notice of Completion.
- Deadline for Enforcing Lien (§ 33-998(A)): Six (6) months