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Checklist For Construction Liens and Surety Bonds

1. Contractors and Suppliers Contracting Directly with the Owner

• Ensure that owner has recorded and posted Notice of Commencement prior to starting work or delivering materials;

• Record Claim of Lien in the county where the property is located within 90 days of final furnishing of labor, services or materials;

• Serve copy of Claim of lien on owner either before or within 15 days of recording;
  

• Contractors only - serve Final Contractor's Affidavit at least five days before filing suit;
  

• File suit within one year of recording the Claim of Lien.

2. Subcontractors and Suppliers Contracting with the General Contractor

• Serve Notice to Owner on the owner and lender within 45 days of first furnishing labor, services or materials, but in any event prior to the furnishing of the Final Contractor's Affidavit by the general contractor;

• Record Claim of Lien in the county where the property is located within 90 days of final furnishing of labor, services or materials;

• Serve copy of Claim of Lien on owner before or within 15 days of recording;

• File suit within one year of recording the Claim of Lien.

3. Sub-subcontractors and Suppliers Contracting with Subcontractors

• Serve Notice to Owner on the owner, contractor and lender, within 45 days of first furnishing labor, services or materials, but in any event prior to the furnishing of the Final Contractor's Affidavit by the general contractor;

• Record Claim of Lien in the county where the property is located within 90 days of final furnishing of labor, services or materials;

• Serve a copy of Claim of Lien on owner before or within 15 days of recording;

• File suit within one year of recording the Claim of Lien.

4. Materialman to a Sub-subcontractor

• Serve Notice to Owner on owner, contractor, subcontractor and lender, within 45 days of first furnishing labor, services and materials, but in any event prior to furnishing of Final Contractor's Affidavit by the general contractor;

• Record Claim of Lien within 90 days of final delivery of materials;

• Serve copy of Claim of Lien on owner before or within 15 days of recording;

• File suit within one year of recording the Claim of Lien. Private Payment Bonds Under Section 713.23

Payment Bonds for Private Jobs

1. Subcontractors and Suppliers Dealing Directly with Contractor

• Serve the contractor and its surety with a Notice of Nonpayment within 90 days of final furnishing of labor, services or materials.

• File suit against the contractor and surety within one year of final furnishing labor, services and materials for the project.

2. Sub-subcontractors, suppliers to subcontractors and suppliers to sub-subcontractors

• Serve the contractor with a Notice to Contractor. This notice must be served within 45 days of first performing work or delivering materials.

• Serve a Notice of Nonpayment on the general contractor and its surety within 90 days of final furnishing of labor, services or materials.

• File suit against the contractor and surety within one year of final furnishing of labor services or materials.

Payment Bonds for Public Jobs

1. Subcontractors and Suppliers Dealing Directly with Contractor

File suit against the contractor and surety within one year of final furnishing of labor services or material.

• Serve the contractor with a Notice to Contractor. This notice must be served within 45 days of first performing work or delivering materials.

• Serve a Notice of Nonpayment on the general contractor and its surety within 90 days of final furnishing of labor, services or materials.

• File suit against the contractor and surety within one year of final furnishing of labor services or materials.

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