Subcontractors & Suppliers Contracts
Subcontractors and suppliers who do not have a written contract with the property owner must serve a notice to owner in a form which complies with the statute upon the property owners within forty-five days of the subcontractor’s commencement of performance or the suppliers supplying of materials.
A contractor who has a written contract with the property owner does not need to serve a notice to owner. To perfect lien rights, the contractor or supplier must also serve upon the property owner and record in the public records a claim of lien within ninety days after the final furnishing of labor and materials to the job.
Once a claim of lien is recorded and a contractor’s affidavit is provided to the property owner, the contractor or supplier may foreclose upon the real property and receive payment from the proceeds of the foreclosure sale. A foreclosure action must be brought within one year of the recording of the claim of lien.