About Kelly M. Davis Esq.

Kelly M. Davis is the owner of Kelly M. Davis & Associates, LLC. She grew up around the construction industry and knew once she opened her practice she would help construction related businesses.

October Mechanic’s Lien Reminder

In order to make sure you are filing your mechanic’s lien and notice letters timely, first you really need to know whether or not you are a 1st Tier or 2nd Tier Claimant.
1st Tier Claimant:

  • One who works directly for, or supplies materials directly to, the original contractor
  • Has a contract, written or not, with the original contractor, but not with the owner

2nd Tier Claimant:

  • One who works directly for or supplies directly to any first tier or other lower tier subcontractor
  • Has a contract, written or not, with a first tier or lower tier subcontractor

If you have a contract directly with the Owner, technically, under mechanic’s lien laws, you are considered an original contractor.  Pursuant to the lien laws, the project can have many original contractors on a job.

Once you know what type of Claimant you are refer to the Deadline Chart, within this email, for the current timeline on the lien process which depend on the type of property the work was performed on – Commercial or Residential.

REMEMBER –   IF YOU ARE A 2ND TIER CLAIMANT, YOUR NOTICE LETTERS AND AFFIDAVITS ARE DUE 1 MONTH EARLIER THAN 1st TIERED CLAIMANTS ON COMMERCIAL PROJECTS.

October Deadlines


Commercial Projects

1st Tiered Claimant:

Your notice letters are timely for work done any time after July 1, 2009.
Your mechanic’s liens are timely for work done any time after June 1, 2009.

2nd Tiered Claimant:
Your notice letters are timely for work done any time after August 1, 2009.
Your mechanic’s liens are timely for work done any time after July 1, 2009.

Residential Projects

For all Claimants:

Your notice letters are timely for work done any time after August 1, 2009.
Your mechanic’s liens are timely for work done any time after July 1, 2009.

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