Mechanic's liens and payment bond claims are the strongest collection tools in construction, but they depend on strict state deadlines for preliminary notices, lien filing and enforcement. We track your deadlines, prepare notices and claims, and collect the balance.
Who it is for
- Subcontractors and sub-subcontractors
- Material suppliers and distributors
- Equipment rental companies
- Specialty trades on private and public projects
Private vs. public projects
Private projects use mechanic's liens against the property. Federal projects use payment bond claims under the Miller Act, and state and local public projects use bond claims under each state's "Little Miller Act." Deadlines differ for each.
The deadlines that decide a lien claim
- Preliminary notice or notice to owner: required in many states, often within a set number of days after you first furnish labor or materials, and missing it can reduce or eliminate lien rights
- Notice of intent to lien: required in some states a set time before a lien can be recorded
- Lien recording deadline: usually counted from your last day of furnishing labor or materials, or from project completion, and in many states measured in months, not years
- Lien enforcement deadline: a lien typically expires unless a foreclosure suit is filed within the period set by state law
- Bond claim notice and suit deadlines: separate from lien deadlines and set by the Miller Act or the state statute
Miller Act claims on federal projects
The Miller Act requires prime contractors on larger federal construction contracts to post a payment bond. First-tier subcontractors and suppliers with a direct contract with the prime can claim on the bond, as can second-tier subcontractors and suppliers who contracted with a first-tier sub. Parties more remote than that are generally not covered.
A second-tier claimant must give the prime contractor written notice within 90 days of the last day it furnished labor or materials. Any claimant must file suit within one year after its last labor or materials, in federal court in the district where the contract was performed. State Little Miller Acts follow a similar model with their own notice periods and limits.
Lien waivers, bonded-off liens and payment
Lien waivers are exchanged for payment throughout a project. A conditional waiver releases rights only once the payment actually clears, while an unconditional waiver releases them immediately. Signing an unconditional waiver before you are paid can give away your claim, and some states require specific statutory waiver forms.
An owner or GC may record a bond to release a lien from the property, which moves your claim from the land to the bond. That is often good for collection, because you now have a surety to recover from. We review the bond and the new deadlines, which can differ from the lien deadlines, and keep pressing for payment of the underlying balance.
What we need from you
- The project address and legal description if you have it
- Names of the owner, general contractor, your customer and any lender
- Your contract or purchase order, and the date you first furnished labor or materials
- Your last day of work or delivery and any warranty or punch-list visits after it
- Notices already sent, lien waivers signed and payments received
- For public work, the contracting agency and any bond number or surety name
Frequently asked questions
What if I missed the preliminary notice deadline?
You may still have partial lien rights or a contract claim. Send us the project details and we will review what remains.
Can I file a lien on a public project?
Generally no, because public property cannot be liened. Your protection on federal work is the Miller Act payment bond, and on state and local public work it is the payment bond under that state's statute. Some states also let unpaid parties claim against funds the public owner still holds.
What does lien and bond claim work cost?
Notices and lien filings are quoted per document, and collection of the balance is handled on our standard contingency rates. Lien foreclosure or bond suits go to a local construction attorney only with your approval, at 30 to 35% total contingency plus court costs.
Related services
- Commercial collections
- Pre-collection letters
- Legal collections
- Judgment enforcement
- International collections
- Skip tracing
- Bankruptcy claims
Industries we serve
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