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Mechanics lien laws by state: lien deadlines, preliminary notice and prompt pay rules for commercial subcontractors

A statute-by-statute registry of how long subcontractors have to lien private commercial projects, who must send notice first, and how fast they must be paid, checked against each state's code on 2026-10-06.
Primary data
State mechanic's lien and private prompt payment statutes, 50 states and DC
Data period
Statutes in force on 2026-10-06
Latest release used
2026-10-06
Next release
Quarterly re-check (next check January 2027)
Geography
United States: 50 states and the District of Columbia
Sources
159 (156 Tier 1)
Short answer

Mechanics lien laws by state give a subcontractor on private commercial work from 45 days (Hawaii) to 8 months (New York) to file a lien; the median across 51 jurisdictions is 90 days. 15 jurisdictions require preliminary notice, and 35 have a private prompt payment law.

90 daysMedian subcontractor lien filing deadline across 51 jurisdictions (private commercial work)[31][34][73][151]
45 to 240 daysRange from Hawaii (45 days after completion) to New York (8 months)[38][109]
15 of 51Jurisdictions requiring preliminary notice from a first-tier subcontractor (11 always, 4 conditionally)[6][14][30][139]
35 of 51Jurisdictions with a private prompt payment statute; 17 require payment to subcontractors within 7 days[140][18][115][131]

Mechanic's lien and prompt payment rules by state

Checked quarterly. Last checked 2026-10-06. Entries are neutral records of public data; each links to its source record.

StateNotice, lien deadline, enforcement and prompt payDateEvidenceSource
AlabamaNotice: No. No early-job notice; a subcontractor must give the owner written notice of the lien claim before filing (35-11-218). Lien: 4 months after last work or materials (subcontractors; original contractors 6 months). Enforce: 6 months after maturity of the entire debt. Private prompt pay: owner 30 days; subs 7 days after prime is paid; 1% per month. (Ala. Code 35-11-215, 35-11-218, 35-11-221, 8-29-3)2026-10-06statuteRecord
AlaskaNotice: No. Notice of right to lien is optional ('may'); it shifts the burden of proof. Lien: 120 days after completing the contract or ceasing work (15 days after a recorded notice of completion for claimants without a notice of right to lien). Enforce: 6 months after recording (or 6 months after a timely recorded extension notice). Private prompt pay: none located. (AS 34.35.064, 34.35.068, 34.35.080)2026-10-06statuteRecord
ArizonaNotice: Required. Preliminary 20-day notice within 20 days after first furnishing. Lien: 120 days after completion (60 days after a recorded notice of completion). Enforce: 6 months after recording. Private prompt pay: owner 7 days; subs 7 days after prime is paid; 1.5% per month. (A.R.S. 33-992.01, 33-993, 33-998, 32-1182, 32-1183)2026-10-06statuteRecord
ArkansasNotice: Required. Commercial: notice of nonpayment to owner and contractor within 75 days after labor or materials supplied. Lien: 120 days after last furnishing. Enforce: 15 months after filing. Private prompt pay: none located. (Ark. Code 18-44-115(b), 18-44-117, 18-44-119)2026-10-06statute (unofficial FindLaw copy; official code is on a LexisNexis portal that scripts cannot open)Record
CaliforniaNotice: Required. Preliminary notice within 20 days after first furnishing (late notice covers only work in the prior 20 days). Lien: Earlier of 90 days after completion or 30 days after a recorded notice of completion or cessation. Enforce: 90 days after recording. Private prompt pay: owner 30 days; subs 7 days after prime is paid; 2% per month. (Cal. Civ. Code 8204, 8414, 8460, 8800, 8811; Bus. and Prof. Code 7108.5)2026-01-01statuteRecord
ColoradoNotice: No. No early-job notice; notice of intent at least 10 days before filing. Lien: 4 months after last labor or materials (laborers by the day: 2 months after completion). Enforce: 6 months after last work or completion. Private prompt pay: none located. (C.R.S. 38-22-109, 38-22-110)2026-10-06statute (official CRS 2024 printout)Record
ConnecticutNotice: No. No early-job notice; subcontractors without an assented written subcontract give notice of intent within 90 days after ceasing work. Lien: 90 days after ceasing work (copy served on owner within 30 days after lodging). Enforce: 1 year after the lien is recorded. Private prompt pay: owner 30 days; subs 25 days after prime is paid; 1% per month. (Conn. Gen. Stat. 49-34, 49-35, 49-39, 42-158i, 42-158j, 42-158k)2026-10-06statuteRecord
DelawareNotice: No. No early-job notice. Lien: 120 days after completing labor or last delivery of materials (contractors 180 days). Enforce: The statement of claim is itself filed in Superior Court as the enforcement action. Private prompt pay: owner 30 days; subs 15 days after prime is paid; legal rate. (25 Del. C. 2711; 6 Del. C. 3506, 3507)2026-10-06statuteRecord
District of ColumbiaNotice: No. No early-job notice. Lien: Notice of intent during construction or within 90 days after completion or termination. Enforce: 180 days after recording the notice of intent. Private prompt pay: owner 15 days; subs 7 days after prime is paid; 1.5% per month. (D.C. Code 40-301.02, 40-303.13, 27A-102, 27A-103, 27A-104)2026-10-06statuteRecord
FloridaNotice: Required. Notice to owner before or within 45 days after starting work. Lien: 90 days after final furnishing. Enforce: 1 year after recording. Private prompt pay: no fixed day count; s. 55.03 rate plus 12% per year. (Fla. Stat. 713.06, 713.08, 713.22, 715.12)2026-10-06statuteRecord
GeorgiaNotice: Conditional. Notice to contractor within 30 days of notice of commencement or first delivery, if a notice of commencement is filed. Lien: 90 days after completing the work. Enforce: 365 days after filing, plus notice of suit within 30 days. Private prompt pay: owner 15 days; subs 10 days after prime is paid; 1% per month. (O.C.G.A. 44-14-361.1, 44-14-361.5, 13-11-4, 13-11-7)2026-10-06statute (unofficial FindLaw copy; official code is on a LexisNexis portal that scripts cannot open)Record
HawaiiNotice: No. No early-job notice. Lien: Application and notice filed within 45 days after the date of completion. Enforce: 3 months after the order directing the lien to attach. Private prompt pay: subs 10 days after prime is paid; 1.5% per month. (HRS 507-43, 444-25)2026-10-06statuteRecord
IdahoNotice: No. No early-job notice for commercial work. Lien: 90 days after completing labor or materials. Enforce: 6 months after filing. Private prompt pay: none located. (Idaho Code 45-507, 45-510)2026-10-06statuteRecord
IllinoisNotice: No. No early-job notice; subcontractor notice to owner within 90 days after completion. Lien: 4 months after completion to bind third parties (2 years as to the owner). Enforce: 2 years after completion. Private prompt pay: owner 15 days; subs 15 calendar days after prime is paid; 10% per year. (770 ILCS 60/7, 60/9, 60/24, 60/28; 815 ILCS 603/10, 603/20)2026-10-06statuteRecord
IndianaNotice: No. No early-job notice for commercial work. Lien: 90 days after last labor or materials (60 days for residential). Enforce: 1 year after recording. Private prompt pay: none located. (Ind. Code 32-28-3-3, 32-28-3-6)2026-10-06statute (unofficial FindLaw copy; official code is on an interactive IGA site that scripts cannot open)Record
IowaNotice: No. No notice for first-tier subcontractors; lower tiers notify the general contractor within 30 days (572.33). Lien: 90 days for full rights; later posting (up to 2 years and 90 days) limited to unpaid contract balance. Enforce: 2 years after the 90-day period expires. Private prompt pay: none located. (Iowa Code 572.9, 572.10, 572.27, 572.33)2026-10-06statuteRecord
KansasNotice: No. No early-job notice for commercial work. Lien: 3 months after last furnishing (5 months on non-residential work with a notice of extension). Enforce: 1 year after filing. Private prompt pay: owner 30 days; subs 7 business days after prime is paid; 18% per year. (K.S.A. 60-1103, 60-1105, 16-1803, 16-1804)2026-10-06statuteRecord
KentuckyNotice: No. No early-job notice; subcontractors notify owner of intent within 120 days after last furnishing (75 days for claims under $1,000). Lien: 6 months after ceasing work. Enforce: 12 months after filing. Private prompt pay: owner 30 days; subs 15 business days after prime is paid; 12% per year. (KRS 376.010, 376.080, 376.090, 371.405)2025-06-27statuteRecord
LouisianaNotice: No. No early-job notice for subcontractors. Lien: 60 days after notice of termination or substantial completion (30 days or 6 months when a notice of contract is filed). Enforce: 1 year after filing the statement. Private prompt pay: owner 35 days; subs 7 days after prime is paid; 1.5% per month penalty. (La. R.S. 9:4822, 9:4823, 9:2784)2026-10-06statuteRecord
MaineNotice: No. No early-job notice. Lien: 90 days after last labor or materials. Enforce: Suit within 120 days after last labor or materials. Private prompt pay: owner 20 days; subs 7 days after prime is paid; statutory rate plus 1% per month penalty. (10 M.R.S. 3253, 3255, 1113, 1114, 1118)2026-10-06statuteRecord
MarylandNotice: No. No early-job notice; notice of intention to the owner within 120 days after doing the work. Lien: Petition to establish the lien within 180 days after work finished (notice to owner within 120 days). Enforce: 1 year after the petition is filed. Private prompt pay: owner 30 days; subs 7 days after prime is paid; court-awarded interest. (Md. Real Prop. 9-104, 9-105, 9-109, 9-302)2026-10-06statuteRecord
MassachusettsNotice: No. No early-job notice. Lien: Notice of contract within 90 days after last work (60 days after a notice of substantial completion); statement of account within 120 days. Enforce: 90 days after filing the statement of account. Private prompt pay: no fixed day count. (M.G.L. c. 254 ss. 4, 8, 11; c. 149 ss. 29E, 29F)2026-10-06statuteRecord
MichiganNotice: Required. Notice of furnishing within 20 days after first furnishing (late notice reduces, does not defeat, the lien). Lien: 90 days after last furnishing. Enforce: 1 year after recording. Private prompt pay: none located. (MCL 570.1109, 570.1111, 570.1117)2026-10-06statuteRecord
MinnesotaNotice: No. Prelien notice not required on non-residential projects over 5,000 square feet. Lien: 120 days after last work or materials. Enforce: 1 year after the last item of the claim. Private prompt pay: subs 10 days after prime is paid; 1.5% per month. (Minn. Stat. 514.011, 514.08, 514.12, 337.10)2026-10-06statuteRecord
MississippiNotice: No. No notice for first-tier subcontractors; claimants without privity with the contractor notify it within 30 days. Lien: 90 days after last work or materials. Enforce: Payment action within 180 days after filing. Private prompt pay: subs 15 days after prime is paid; 0.5% per day penalty, capped at 15%. (Miss. Code 85-7-405, 85-7-407, 87-7-3, 87-7-5, 87-9-3)2026-10-06statute (unofficial FindLaw copy; official code is on a LexisNexis portal that scripts cannot open)Record
MissouriNotice: No. No early-job notice; 10 days' notice to the owner before filing. Lien: 6 months after the debt accrued. Enforce: 6 months after filing. Private prompt pay: no fixed day count; up to 1.5% per month. (RSMo 429.080, 429.100, 429.170, 431.180, 436.303)2026-10-06statuteRecord
MontanaNotice: No. Commercial improvements are exempt from the notice of right to claim a lien. Lien: 90 days after final furnishing or a notice of completion. Enforce: 2 years after filing. Private prompt pay: owner 7 days; subs 7 days after prime is paid; 1.5% per month. (MCA 71-3-531, 71-3-535, 71-3-562, 28-2-2103, 28-2-2104)2026-10-06statuteRecord
NebraskaNotice: No. No early-job notice for commercial work. Lien: 120 days after final furnishing. Enforce: 2 years after recording. Private prompt pay: owner 30 days; subs 10 days after prime is paid; 1% per month. (Neb. Rev. Stat. 52-137, 52-140, 45-1203, 45-1204, 45-1205)2026-10-06statuteRecord
NevadaNotice: Required. Notice of right to lien; it covers work done in the 31 days before it is given. Lien: 90 days after completion or last work (40 days after a notice of completion). Enforce: 6 months after recording. Private prompt pay: owner 21 days; subs 10 days after prime is paid. (NRS 108.226, 108.233, 108.245, 624.609, 624.624)2026-10-06statuteRecord
New HampshireNotice: Required. Notice to owner before performing the work (later notice allowed with limits). Lien: Lien lasts 120 days after work; secured by court attachment within that time. Enforce: Attachment within 120 days. Private prompt pay: none located. (RSA 447:5, 447:9, 447:10)2026-10-06statuteRecord
New JerseyNotice: No. No early-job notice for commercial work. Lien: 90 days after last work. Enforce: 1 year after last work. Private prompt pay: owner 30 days; subs 10 calendar days after prime is paid; prime rate plus 1%. (N.J.S.A. 2A:44A-6, 2A:44A-14, 2A:30A-2)2026-10-06statute (unofficial FindLaw copy; official code is on a LexisNexis portal that scripts cannot open)Record
New MexicoNotice: No. No notice for first-tier subcontractors; lower tiers give notice within 60 days on claims over $5,000. Lien: 90 days after completion. Enforce: 2 years after filing. Private prompt pay: owner 21 days; subs 7 days after prime is paid; 1.5% per month. (NMSA 48-2-6, 48-2-2.1, 48-2-10, 57-28-5)2026-10-06statute (unofficial FindLaw copy; official code is on a LexisNexis portal that scripts cannot open)Record
New YorkNotice: No. No early-job notice. Lien: 8 months after completion or final furnishing (4 months for a single-family dwelling). Enforce: 1 year after filing. Private prompt pay: owner 30 days; subs 7 days after prime is paid; 1% per month (late retainage). (N.Y. Lien Law 10, 17; Gen. Bus. Law 756, 756-a, 756-c)2026-10-06statuteRecord
North CarolinaNotice: Conditional. Notice to lien agent within 15 days after first furnishing where a lien agent is designated. Lien: 120 days after last furnishing. Enforce: 180 days after last furnishing. Private prompt pay: subs 7 days after prime is paid; 1% per month. (N.C. Gen. Stat. 44A-11.2, 44A-12, 44A-13, 22C-2)2026-10-06statuteRecord
North DakotaNotice: No. No early-job notice; 10 days' notice before recording. Lien: 90 days after last contribution (later filing allowed with limits, up to 3 years). Enforce: 3 years after recording (30 days after an owner demand). Private prompt pay: none located. (N.D.C.C. 35-27-02, 35-27-13, 35-27-14, 35-27-25)2026-10-06statuteRecord
OhioNotice: Conditional. Notice of furnishing within 21 days after first work, if a notice of commencement is recorded. Lien: 75 days after last work (60 days for 1 to 2 family dwellings). Enforce: Lien lasts 6 years; 60 days after an owner's notice to commence suit. Private prompt pay: subs 10 calendar days after prime is paid; 18% per year. (Ohio Rev. Code 1311.05, 1311.06, 1311.11, 1311.13, 4113.61)2026-10-06statuteRecord
OklahomaNotice: No. No early-job notice; pre-lien notice within 75 days after last furnishing (claims of $10,000 or more). Lien: 90 days after last furnishing (original contractors 4 months). Enforce: 1 year after filing. Private prompt pay: owner 28 days; subs 10 calendar days after prime is paid. (42 O.S. 142.6, 143, 172; 15 O.S. 820)2026-10-06statute + agency page (Construction Industries Board copy, March 2024)Record
OregonNotice: No. Notice of right to lien not needed for labor or labor and materials on a commercial improvement. Lien: 75 days after ceasing work or completion, whichever is earlier. Enforce: 120 days after filing. Private prompt pay: subs 7 days after prime is paid; 1.5% per month (owner). (ORS 87.021, 87.035, 87.055, 701.625, 701.630)2026-10-06statuteRecord
PennsylvaniaNotice: Conditional. Notice of furnishing within 45 days on projects of $1,500,000 or more with a posted notice of commencement. Lien: 6 months after completing the work (30 days' notice of intent before filing). Enforce: 2 years after filing. Private prompt pay: owner 20 days; subs 14 days after prime is paid; 1% per month. (49 P.S. 1501, 1501.3, 1502, 1701; 73 P.S. 505, 507)2026-10-06statuteRecord
Rhode IslandNotice: No. No early-job notice. Lien: Notice of intention within 200 days after the work. Enforce: Complaint and lis pendens within 40 days after recording the notice of intention. Private prompt pay: none located. (R.I. Gen. Laws 34-28-4, 34-28-10)2026-10-06statuteRecord
South CarolinaNotice: No. No early-job notice for first-tier subcontractors. Lien: 90 days after last labor or materials. Enforce: 6 months after last labor or materials. Private prompt pay: owner 21 days; subs 7 days after prime is paid; 1% per month. (S.C. Code 29-5-90, 29-5-120, 29-6-30, 29-6-50)2026-10-06statuteRecord
South DakotaNotice: No. No notice for first-tier subcontractors (44-9-53 applies to lower tiers when a notice of project commencement is filed). Lien: 120 days after last work or materials. Enforce: 6 years after the last item (30 days after an owner demand). Private prompt pay: none located. (SDCL 44-9-15, 44-9-24, 44-9-26, 44-9-53)2026-10-06statuteRecord
TennesseeNotice: Required. Notice of nonpayment within 90 days after the end of each month with unpaid work (non-residential). Lien: 90 days after completion or abandonment of the improvement. Enforce: 90 days after service of the notice of lien. Private prompt pay: no fixed day count; 1.5% per month. (Tenn. Code 66-11-112, 66-11-115, 66-11-145, 66-34-103, 66-34-601)2026-10-06statute (unofficial FindLaw copy; official code is on a LexisNexis portal that scripts cannot open)Record
TexasNotice: Required. Notice of claim by the 15th day of the 3rd month after each month of unpaid work. Lien: 15th day of the 4th month after the month of last work (shortest interval about 105 days). Enforce: 1 year after the last day to file the lien affidavit. Private prompt pay: owner 35 days; subs 7 days after prime is paid; 1.5% per month. (Tex. Prop. Code 53.052, 53.056, 53.158, 28.002, 28.004)2022-01-01statuteRecord
UtahNotice: Required. Preliminary notice filed with the state registry within 20 days after starting work. Lien: 180 days after final completion (90 days after a notice of completion). Enforce: 180 days after filing the lien. Private prompt pay: none located. (Utah Code 38-1a-501, 38-1a-502, 38-1a-701, 13-8-5)2023-02-27statuteRecord
VermontNotice: No. No timed notice; a subcontractor's lien reaches only the contract balance unpaid when the owner receives its notice. Lien: 180 days after payment became due for the last work. Enforce: 180 days after filing the memorandum. Private prompt pay: owner 20 days; subs 7 days after prime is paid; statutory rate plus 1% per month penalty. (9 V.S.A. 1921, 1924, 4002, 4003, 4007)2026-10-06statuteRecord
VirginiaNotice: No. No early-job notice for commercial work. Lien: 90 days after the last day of the month of last work (and within 90 days of completion). Enforce: Later of 6 months after recording or 60 days after completion. Private prompt pay: owner 60 days; subs 7 days after prime is paid; per Va. Code 2.2-4355. (Va. Code 43-4, 43-7, 43-17, 11-4.6)2026-10-06statuteRecord
WashingtonNotice: No. Not required of subcontractors hired directly by the prime contractor. Lien: 90 days after ceasing work. Enforce: 8 calendar months after recording. Private prompt pay: none located. (RCW 60.04.031, 60.04.091, 60.04.141)2026-10-06statuteRecord
West VirginiaNotice: No. No early-job notice. Lien: 100 days after completing the subcontract. Enforce: 6 months after filing. Private prompt pay: none located. (W. Va. Code 38-2-7, 38-2-9, 38-2-34)2026-10-06statuteRecord
WisconsinNotice: No. 60-day notice not required where the improvement is partly or wholly non-residential. Lien: 6 months after last work or materials. Enforce: 2 years after filing the claim. Private prompt pay: none located. (Wis. Stat. 779.02, 779.06)2026-10-06statuteRecord
WyomingNotice: Required. Preliminary notice within 30 days after first providing work or materials. Lien: 120 days after last work or substantial completion (contractors 150 days). Enforce: 180 days after filing. Private prompt pay: none located. (Wyo. Stat. 29-2-106, 29-2-109, 29-2-112)2026-10-06statuteRecord

Mechanics lien laws by state: how long subcontractors have to file

Most states give a subcontractor about three months. 26 of 51 jurisdictions fall between 60 and 90 days, and the median is 90 days. The long tail (Kentucky, Maryland, Missouri, Pennsylvania, Utah, Vermont, Wisconsin, Rhode Island and New York) runs from 6 months to 8 months.

We read the lien statute of each state and DC on 2026-10-06 and recorded the deadline for a first-tier subcontractor (hired by the prime contractor) on a private, non-residential project. Deadlines written in months were converted at 30 days a month so they can be compared. The shortest is 45 days (Hawaii), the median is 90 days, the mean is 113.5 days and the longest is 240 days (New York's 8 months).

Subcontractor lien filing deadline by state, in days

Private commercial work; months converted at 30 days; checked 2026-10-06

Subcontractor lien filing deadline by state, in daysTile map of US states coloured by the subcontractor lien filing deadline. Hawaii is shortest at 45 days, the median is 90 days, and New York is longest at 240 days (8 months).AK: 120AK120ME: 90.0ME90.0VT: 180VT180NH: 120NH120WA: 90.0WA90.0ID: 90.0ID90.0MT: 90.0MT90.0ND: 90.0ND90.0MN: 120MN120IL: 120IL120WI: 180WI180MI: 90.0MI90.0NY: 240NY240RI: 200RI200MA: 90.0MA90.0OR: 75.0OR75.0NV: 90.0NV90.0WY: 120WY120SD: 120SD120IA: 90.0IA90.0IN: 90.0IN90.0OH: 75.0OH75.0PA: 180PA180NJ: 90.0NJ90.0CT: 90.0CT90.0CA: 90.0CA90.0UT: 180UT180CO: 120CO120NE: 120NE120MO: 180MO180KY: 180KY180WV: 100WV100VA: 90.0VA90.0MD: 180MD180DE: 120DE120AZ: 120AZ120NM: 90.0NM90.0KS: 90.0KS90.0AR: 120AR120TN: 90.0TN90.0NC: 120NC120SC: 90.0SC90.0DC: 90.0DC90.0OK: 90.0OK90.0LA: 60.0LA60.0MS: 90.0MS90.0AL: 120AL120GA: 90.0GA90.0HI: 45.0HI45.0TX: 105TX105FL: 90.0FL90.0PR45.0 to 90.090.0 to 90.090.0 to 90.090.0 to 120120 to 180180 to 240Days (day-equivalent)

Source: CB&C reading of each state's lien statute on official legislature or code sites (FindLaw copies for AR, GA, IN, MS, NJ, NM, TN), checked 2026-10-06

23 jurisdictions use exactly 90 days. The 91 to 120 day group (15 jurisdictions) includes states written as 4 months (Alabama, Colorado, Illinois) and Texas, whose 2022 rule sets the 15th day of the 4th month after the month of last work, which is about 105 days at its shortest.

How many jurisdictions fall in each lien deadline bucket

50 states and DC, first-tier subcontractor, private commercial work

How many jurisdictions fall in each lien deadline bucketBar chart: 1 jurisdiction under 60 days, 26 at 60 to 90 days, 15 at 91 to 120 days, and 9 over 120 days.010.020.030.0Jurisdictions1Under 60 days26.060 to 90 days15.091 to 120 days9Over 120 days

Source: CB&C analysis of state lien statutes, checked 2026-10-06

Distribution of subcontractor lien filing deadlines, 50 states and DC (checked 2026-10-06) Download CSV
Deadline bucketJurisdictionsShareWhich
Under 60 days12.0%Hawaii
60 to 90 days2651.0%Louisiana, Ohio, Oregon, California, Connecticut, District of Columbia, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Maine, Massachusetts, Michigan, Mississippi, Montana, Nevada, New Jersey, New Mexico, North Dakota, Oklahoma, South Carolina, Tennessee, Virginia, Washington
91 to 120 days1529.4%West Virginia, Texas, Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Illinois, Minnesota, Nebraska, New Hampshire, North Carolina, South Dakota, Wyoming
Over 120 days917.6%Kentucky, Maryland, Missouri, Pennsylvania, Utah, Vermont, Wisconsin, Rhode Island, New York
All jurisdictions51100%Minimum 45 days, median 90 days, mean 113.5 days, maximum 240 days

Day-equivalents: months x 30; Texas uses the shortest interval of its '15th day of the 4th month' rule. Private commercial work, first-tier subcontractor.

Source: [38][109][31][139] Hawaii State Legislature; New York State Senate, Open Legislation; The Florida Legislature, Online Sunshine; Texas Legislature, Texas Constitution and Statutes

Mechanic's lien: A claim recorded against real property by someone who improved it and was not paid. If it is enforced in court in time, the property can be sold to pay the debt.

Day-equivalent: Our conversion of each statutory deadline into days (months x 30) so states can be compared. The statute wording, not the day count, controls.

Finished commercial building with a chained entrance, illustrating an unpaid construction project
Illustrative photograph. Generated image, not a specific project.

For licensing rules that sit alongside these lien rights, see our commercial contractor licensing registry, which records the state licence rules that apply before any of these lien rights matter.

Shortest and longest lien deadlines

Hawaii, Louisiana, Ohio and Oregon give subcontractors the least time. New York, Rhode Island and seven states at 6 months give the most, but a long filing window can come with a short window to sue.

Hawaii requires the application and notice within 45 days after the date of completion of the improvement, and the lien expires 3 months after the court's order directing it to attach unless suit is filed. Louisiana's private works rule is 60 days after a notice of termination or substantial completion. Ohio allows 75 days after last work on commercial projects, and Oregon 75 days after the claimant stops work or the project is completed, whichever is earlier.

At the long end, New York allows 8 months after completion on commercial work (4 months for a single-family dwelling). Rhode Island allows 200 days for a notice of intention but then requires a complaint and lis pendens within 40 days of recording it. Utah allows 180 days after final completion unless the owner files a notice of completion, which cuts it to 90 days.

Subcontractor lien filing deadline by jurisdiction, shortest to longest Download CSV
Show all 51 rows
RankJurisdictionDay-equivalentStatute wording (summarised)Statute
1Hawaii45Application and notice filed within 45 days after the date of completionHRS 507-43, 444-25
2Louisiana6060 days after notice of termination or substantial completion (30 days or 6 months when a notice of contract is filed)La. R.S. 9:4822, 9:4823, 9:2784
3Ohio7575 days after last work (60 days for 1 to 2 family dwellings)Ohio Rev. Code 1311.05, 1311.06, 1311.11, 1311.13, 4113.61
4Oregon7575 days after ceasing work or completion, whichever is earlierORS 87.021, 87.035, 87.055, 701.625, 701.630
5California90Earlier of 90 days after completion or 30 days after a recorded notice of completion or cessationCal. Civ. Code 8204, 8414, 8460, 8800, 8811
6Connecticut9090 days after ceasing work (copy served on owner within 30 days after lodging)Conn. Gen. Stat. 49-34, 49-35, 49-39, 42-158i, 42-158j, 42-158k
7District of Columbia90Notice of intent during construction or within 90 days after completion or terminationD.C. Code 40-301.02, 40-303.13, 27A-102, 27A-103, 27A-104
8Florida9090 days after final furnishingFla. Stat. 713.06, 713.08, 713.22, 715.12
9Georgia9090 days after completing the workO.C.G.A. 44-14-361.1, 44-14-361.5, 13-11-4, 13-11-7
10Idaho9090 days after completing labor or materialsIdaho Code 45-507, 45-510
11Indiana9090 days after last labor or materials (60 days for residential)Ind. Code 32-28-3-3, 32-28-3-6
12Iowa9090 days for full rights; later posting (up to 2 years and 90 days) limited to unpaid contract balanceIowa Code 572.9, 572.10, 572.27, 572.33
13Kansas903 months after last furnishing (5 months on non-residential work with a notice of extension)K.S.A. 60-1103, 60-1105, 16-1803, 16-1804
14Maine9090 days after last labor or materials10 M.R.S. 3253, 3255, 1113, 1114, 1118
15Massachusetts90Notice of contract within 90 days after last work (60 days after a notice of substantial completion); statement of account within 120 daysM.G.L. c. 254 ss. 4, 8, 11
16Michigan9090 days after last furnishingMCL 570.1109, 570.1111, 570.1117
17Mississippi9090 days after last work or materialsMiss. Code 85-7-405, 85-7-407, 87-7-3, 87-7-5, 87-9-3
18Montana9090 days after final furnishing or a notice of completionMCA 71-3-531, 71-3-535, 71-3-562, 28-2-2103, 28-2-2104
19Nevada9090 days after completion or last work (40 days after a notice of completion)NRS 108.226, 108.233, 108.245, 624.609, 624.624
20New Jersey9090 days after last workN.J.S.A. 2A:44A-6, 2A:44A-14, 2A:30A-2
21New Mexico9090 days after completionNMSA 48-2-6, 48-2-2.1, 48-2-10, 57-28-5
22North Dakota9090 days after last contribution (later filing allowed with limits, up to 3 years)N.D.C.C. 35-27-02, 35-27-13, 35-27-14, 35-27-25
23Oklahoma9090 days after last furnishing (original contractors 4 months)42 O.S. 142.6, 143, 172
24South Carolina9090 days after last labor or materialsS.C. Code 29-5-90, 29-5-120, 29-6-30, 29-6-50
25Tennessee9090 days after completion or abandonment of the improvementTenn. Code 66-11-112, 66-11-115, 66-11-145, 66-34-103, 66-34-601
26Virginia9090 days after the last day of the month of last work (and within 90 days of completion)Va. Code 43-4, 43-7, 43-17, 11-4.6
27Washington9090 days after ceasing workRCW 60.04.031, 60.04.091, 60.04.141
28West Virginia100100 days after completing the subcontractW. Va. Code 38-2-7, 38-2-9, 38-2-34
29Texas10515th day of the 4th month after the month of last work (shortest interval about 105 days)Tex. Prop. Code 53.052, 53.056, 53.158, 28.002, 28.004
30Alabama1204 months after last work or materials (subcontractors; original contractors 6 months)Ala. Code 35-11-215, 35-11-218, 35-11-221, 8-29-3
31Alaska120120 days after completing the contract or ceasing work (15 days after a recorded notice of completion for claimants without a notice of right to lien)AS 34.35.064, 34.35.068, 34.35.080
32Arizona120120 days after completion (60 days after a recorded notice of completion)A.R.S. 33-992.01, 33-993, 33-998, 32-1182, 32-1183
33Arkansas120120 days after last furnishingArk. Code 18-44-115(b), 18-44-117, 18-44-119
34Colorado1204 months after last labor or materials (laborers by the day: 2 months after completion)C.R.S. 38-22-109, 38-22-110
35Delaware120120 days after completing labor or last delivery of materials (contractors 180 days)25 Del. C. 2711
36Illinois1204 months after completion to bind third parties (2 years as to the owner)770 ILCS 60/7, 60/9, 60/24, 60/28
37Minnesota120120 days after last work or materialsMinn. Stat. 514.011, 514.08, 514.12, 337.10
38Nebraska120120 days after final furnishingNeb. Rev. Stat. 52-137, 52-140, 45-1203, 45-1204, 45-1205
39New Hampshire120Lien lasts 120 days after work; secured by court attachment within that timeRSA 447:5, 447:9, 447:10
40North Carolina120120 days after last furnishingN.C. Gen. Stat. 44A-11.2, 44A-12, 44A-13, 22C-2
41South Dakota120120 days after last work or materialsSDCL 44-9-15, 44-9-24, 44-9-26, 44-9-53
42Wyoming120120 days after last work or substantial completion (contractors 150 days)Wyo. Stat. 29-2-106, 29-2-109, 29-2-112
43Kentucky1806 months after ceasing workKRS 376.010, 376.080, 376.090, 371.405
44Maryland180Petition to establish the lien within 180 days after work finished (notice to owner within 120 days)Md. Real Prop. 9-104, 9-105, 9-109, 9-302
45Missouri1806 months after the debt accruedRSMo 429.080, 429.100, 429.170, 431.180, 436.303
46Pennsylvania1806 months after completing the work (30 days' notice of intent before filing)49 P.S. 1501, 1501.3, 1502, 1701
47Utah180180 days after final completion (90 days after a notice of completion)Utah Code 38-1a-501, 38-1a-502, 38-1a-701, 13-8-5
48Vermont180180 days after payment became due for the last work9 V.S.A. 1921, 1924, 4002, 4003, 4007
49Wisconsin1806 months after last work or materialsWis. Stat. 779.02, 779.06
50Rhode Island200Notice of intention within 200 days after the workR.I. Gen. Laws 34-28-4, 34-28-10
51New York2408 months after completion or final furnishing (4 months for a single-family dwelling)N.Y. Lien Law 10, 17

Triggers differ: last work, completion of the project, or a recorded notice of completion. Read the statute before relying on a day count.

Source: [38][55][117][124][109][128] Hawaii State Legislature; Louisiana State Legislature; Ohio Legislative Service Commission; Oregon State Legislature; New York State Senate, Open Legislation; State of Rhode Island General Assembly

States that require preliminary notice

15 of 51 jurisdictions require early notice from a first-tier subcontractor: 11 on every private commercial job and 4 only when a notice of commencement or lien agent exists. Missing the notice usually limits or defeats the lien.

Where a first-tier subcontractor must send preliminary notice

1 = required (always or when a notice of commencement or lien agent exists), 0 = not required

Where a first-tier subcontractor must send preliminary noticeTile map coding 15 jurisdictions as 1 (preliminary notice required) and 36 as 0. Required states include Arizona, California, Florida, Texas, Utah and Wyoming; Georgia, North Carolina, Ohio and Pennsylvania require it only in set circumstances.AK: 0AK0ME: 0ME0VT: 0VT0NH: 1NH1WA: 0WA0ID: 0ID0MT: 0MT0ND: 0ND0MN: 0MN0IL: 0IL0WI: 0WI0MI: 1MI1NY: 0NY0RI: 0RI0MA: 0MA0OR: 0OR0NV: 1NV1WY: 1WY1SD: 0SD0IA: 0IA0IN: 0IN0OH: 1OH1PA: 1PA1NJ: 0NJ0CT: 0CT0CA: 1CA1UT: 1UT1CO: 0CO0NE: 0NE0MO: 0MO0KY: 0KY0WV: 0WV0VA: 0VA0MD: 0MD0DE: 0DE0AZ: 1AZ1NM: 0NM0KS: 0KS0AR: 1AR1TN: 1TN1NC: 1NC1SC: 0SC0DC: 0DC0OK: 0OK0LA: 0LA0MS: 0MS0AL: 0AL0GA: 1GA1HI: 0HI0TX: 1TX1FL: 1FL1PR0 to 00 to 00 to 00 to 00 to 11 to 11 = notice required, 0 = not required

Source: CB&C reading of state lien statutes, checked 2026-10-06

The 11 always-required jurisdictions are Arizona, Arkansas, California, Florida, Michigan, Nevada, New Hampshire, Tennessee, Texas, Utah, Wyoming. The windows are short: 20 days after first furnishing in Arizona, California, Michigan and Utah, 30 days in Wyoming, 45 days in Florida, and monthly notices in Texas and Tennessee. Arkansas requires a notice of nonpayment within 75 days after work is supplied on commercial projects.

Georgia (30 days), Ohio (21 days) and Pennsylvania (45 days, projects of $1,500,000 or more) tie notice to a recorded notice of commencement, and North Carolina to a designated lien agent (15 days). Several states that exempt first-tier subcontractors still require notice from sub-subcontractors and suppliers, including Iowa, Mississippi, New Mexico and South Dakota.

Jurisdictions that require preliminary notice from a first-tier subcontractor on private commercial work Download CSV
JurisdictionStatusRuleStatute
ArizonaRequired on every private commercial jobPreliminary 20-day notice within 20 days after first furnishingA.R.S. 33-992.01, 33-993, 33-998, 32-1182, 32-1183
ArkansasRequired on every private commercial jobCommercial: notice of nonpayment to owner and contractor within 75 days after labor or materials suppliedArk. Code 18-44-115(b), 18-44-117, 18-44-119
CaliforniaRequired on every private commercial jobPreliminary notice within 20 days after first furnishing (late notice covers only work in the prior 20 days)Cal. Civ. Code 8204, 8414, 8460, 8800, 8811; Bus. and Prof. Code 7108.5
FloridaRequired on every private commercial jobNotice to owner before or within 45 days after starting workFla. Stat. 713.06, 713.08, 713.22, 715.12
MichiganRequired on every private commercial jobNotice of furnishing within 20 days after first furnishing (late notice reduces, does not defeat, the lien)MCL 570.1109, 570.1111, 570.1117
NevadaRequired on every private commercial jobNotice of right to lien; it covers work done in the 31 days before it is givenNRS 108.226, 108.233, 108.245, 624.609, 624.624
New HampshireRequired on every private commercial jobNotice to owner before performing the work (later notice allowed with limits)RSA 447:5, 447:9, 447:10
TennesseeRequired on every private commercial jobNotice of nonpayment within 90 days after the end of each month with unpaid work (non-residential)Tenn. Code 66-11-112, 66-11-115, 66-11-145, 66-34-103, 66-34-601
TexasRequired on every private commercial jobNotice of claim by the 15th day of the 3rd month after each month of unpaid workTex. Prop. Code 53.052, 53.056, 53.158, 28.002, 28.004
UtahRequired on every private commercial jobPreliminary notice filed with the state registry within 20 days after starting workUtah Code 38-1a-501, 38-1a-502, 38-1a-701, 13-8-5
WyomingRequired on every private commercial jobPreliminary notice within 30 days after first providing work or materialsWyo. Stat. 29-2-106, 29-2-109, 29-2-112
GeorgiaRequired when a notice of commencement or lien agent existsNotice to contractor within 30 days of notice of commencement or first delivery, if a notice of commencement is filedO.C.G.A. 44-14-361.1, 44-14-361.5, 13-11-4, 13-11-7
North CarolinaRequired when a notice of commencement or lien agent existsNotice to lien agent within 15 days after first furnishing where a lien agent is designatedN.C. Gen. Stat. 44A-11.2, 44A-12, 44A-13, 22C-2
OhioRequired when a notice of commencement or lien agent existsNotice of furnishing within 21 days after first work, if a notice of commencement is recordedOhio Rev. Code 1311.05, 1311.06, 1311.11, 1311.13, 4113.61
PennsylvaniaRequired when a notice of commencement or lien agent existsNotice of furnishing within 45 days on projects of $1,500,000 or more with a posted notice of commencement49 P.S. 1501, 1501.3, 1502, 1701; 73 P.S. 505, 507

Notices due only shortly before or after a lien filing (notice of intent) are not counted. Lower-tier rules can be stricter.

Source: [6][14][30][139][141][156][35][118][114][126] Arizona State Legislature; California Legislative Information; The Florida Legislature, Online Sunshine; Texas Legislature, Texas Constitution and Statutes; Utah State Legislature; Wyoming Legislature; FindLaw (Thomson Reuters) copy of the Official Code of Georgia; Ohio Legislative Service Commission; North Carolina General Assembly; Pennsylvania General Assembly

Preliminary notice: A notice sent early in a job (or monthly) telling the owner and prime contractor that the sender may claim a lien if unpaid. It is different from a notice of intent sent shortly before filing.

Private prompt payment acts, deadlines and interest rates

35 jurisdictions set payment timing for private construction. Seven days after the prime contractor is paid is the most common flow-down rule, and interest on late payment is usually 1% to 1.5% per month.

Deadline for a prime contractor to pay subcontractors after being paid

35 jurisdictions with a private prompt payment statute

Deadline for a prime contractor to pay subcontractors after being paidHorizontal bar chart: 17 jurisdictions require payment within 7 days, 8 within 10 days, 5 within 14 or 15 days, 1 within 25 days, and 4 set no fixed day count.Jurisdictions7 days17.010 days814 or 15 days525 days1No fixed day count4

Source: CB&C reading of state prompt payment statutes, checked 2026-10-06

17 jurisdictions require the prime contractor to pay subcontractors within 7 days of receiving payment, 8 within 10 days, 5 within 14 or 15 days (Kentucky counts business days), and Connecticut within 25 days. Florida, Massachusetts, Missouri and Tennessee regulate payment without a single flow-down day count.

25 jurisdictions also set an owner-to-prime deadline, with a median of 30 days. Triggers differ: Texas and Louisiana count 35 days from the owner's receipt of a payment request, Virginia 60 days from an invoice, and Arizona and Montana 7 days after a request is certified or approved.

Private prompt payment statutes: owner and subcontractor payment deadlines and interest Download CSV
Show all 35 rows
JurisdictionOwner to prime contractor (days)Prime to subcontractor after receiptInterest or penaltyStatute
Alabama307 days1% per monthAla. Code 35-11-215, 35-11-218, 35-11-221, 8-29-3
Arizona77 days1.5% per monthA.R.S. 33-992.01, 33-993, 33-998, 32-1182, 32-1183
California307 days2% per monthCal. Civ. Code 8204, 8414, 8460, 8800, 8811; Bus. and Prof. Code 7108.5
Connecticut3025 days1% per monthConn. Gen. Stat. 49-34, 49-35, 49-39, 42-158i, 42-158j, 42-158k
Delaware3015 dayslegal rate25 Del. C. 2711; 6 Del. C. 3506, 3507
District of Columbia157 days1.5% per monthD.C. Code 40-301.02, 40-303.13, 27A-102, 27A-103, 27A-104
FloridaNot fixed by statuteNot fixed by statutes. 55.03 rate plus 12% per yearFla. Stat. 713.06, 713.08, 713.22, 715.12
Georgia1510 days1% per monthO.C.G.A. 44-14-361.1, 44-14-361.5, 13-11-4, 13-11-7
HawaiiNot fixed by statute10 days1.5% per monthHRS 507-43, 444-25
Illinois1515 calendar days10% per year770 ILCS 60/7, 60/9, 60/24, 60/28; 815 ILCS 603/10, 603/20
Kansas307 business days18% per yearK.S.A. 60-1103, 60-1105, 16-1803, 16-1804
Kentucky3015 business days12% per yearKRS 376.010, 376.080, 376.090, 371.405
Louisiana357 days1.5% per month penaltyLa. R.S. 9:4822, 9:4823, 9:2784
Maine207 daysstatutory rate plus 1% per month penalty10 M.R.S. 3253, 3255, 1113, 1114, 1118
Maryland307 dayscourt-awarded interestMd. Real Prop. 9-104, 9-105, 9-109, 9-302
MassachusettsNot fixed by statuteNot fixed by statuteNot stated in sections reviewedM.G.L. c. 254 ss. 4, 8, 11; c. 149 ss. 29E, 29F
MinnesotaNot fixed by statute10 days1.5% per monthMinn. Stat. 514.011, 514.08, 514.12, 337.10
MississippiNot fixed by statute15 days0.5% per day penalty, capped at 15%Miss. Code 85-7-405, 85-7-407, 87-7-3, 87-7-5, 87-9-3
MissouriNot fixed by statuteNot fixed by statuteup to 1.5% per monthRSMo 429.080, 429.100, 429.170, 431.180, 436.303
Montana77 days1.5% per monthMCA 71-3-531, 71-3-535, 71-3-562, 28-2-2103, 28-2-2104
Nebraska3010 days1% per monthNeb. Rev. Stat. 52-137, 52-140, 45-1203, 45-1204, 45-1205
Nevada2110 daysNot stated in sections reviewedNRS 108.226, 108.233, 108.245, 624.609, 624.624
New Jersey3010 calendar daysprime rate plus 1%N.J.S.A. 2A:44A-6, 2A:44A-14, 2A:30A-2
New Mexico217 days1.5% per monthNMSA 48-2-6, 48-2-2.1, 48-2-10, 57-28-5
New York307 days1% per month (late retainage)N.Y. Lien Law 10, 17; Gen. Bus. Law 756, 756-a, 756-c
North CarolinaNot fixed by statute7 days1% per monthN.C. Gen. Stat. 44A-11.2, 44A-12, 44A-13, 22C-2
OhioNot fixed by statute10 calendar days18% per yearOhio Rev. Code 1311.05, 1311.06, 1311.11, 1311.13, 4113.61
Oklahoma2810 calendar daysNot stated in sections reviewed42 O.S. 142.6, 143, 172; 15 O.S. 820
OregonNot fixed by statute7 days1.5% per month (owner)ORS 87.021, 87.035, 87.055, 701.625, 701.630
Pennsylvania2014 days1% per month49 P.S. 1501, 1501.3, 1502, 1701; 73 P.S. 505, 507
South Carolina217 days1% per monthS.C. Code 29-5-90, 29-5-120, 29-6-30, 29-6-50
TennesseeNot fixed by statuteNot fixed by statute1.5% per monthTenn. Code 66-11-112, 66-11-115, 66-11-145, 66-34-103, 66-34-601
Texas357 days1.5% per monthTex. Prop. Code 53.052, 53.056, 53.158, 28.002, 28.004
Vermont207 daysstatutory rate plus 1% per month penalty9 V.S.A. 1921, 1924, 4002, 4003, 4007
Virginia607 daysper Va. Code 2.2-4355Va. Code 43-4, 43-7, 43-17, 11-4.6

Owner deadlines run from different triggers (receipt, approval, certification, billing date). Many statutes apply only when the contract is silent.

Source: [140][17][18][36][49][57][104][150] Texas Legislature, Texas Constitution and Statutes; California Legislative Information; California Legislative Information; FindLaw (Thomson Reuters) copy of the Official Code of Georgia; Kansas Office of Revisor of Statutes; Louisiana State Legislature; FindLaw (Thomson Reuters) copy of the New Jersey Statutes; Virginia General Assembly, Legislative Information System

Contractor's desk with invoices and a stamped envelope, illustrating payment notices
Illustrative photograph. Generated image, not a specific project.

Payment terms are one reason to read bid documents closely; our guide on how to compare construction bids covers payment and retainage clauses, and slow payment is one of the pressures discussed in our analysis of the construction business failure rate.

Prime-to-subcontractor payment deadline in the 35 private prompt pay jurisdictions Download CSV
Deadline after the prime is paidJurisdictionsWhich
7 days17Alabama, Arizona, California, District of Columbia, Kansas, Louisiana, Maine, Maryland, Montana, New Mexico, New York, North Carolina, Oregon, South Carolina, Texas, Vermont, Virginia
10 days8Georgia, Hawaii, Minnesota, Nebraska, Nevada, New Jersey, Ohio, Oklahoma
14 or 15 days5Delaware, Illinois, Kentucky, Mississippi, Pennsylvania
25 days1Connecticut
No fixed day count4Florida, Massachusetts, Missouri, Tennessee

Kansas counts 7 business days and Kentucky 15 business days. 'No fixed day count' covers Florida, Massachusetts, Missouri and Tennessee.

Source: [18][140][115][121][54] California Legislative Information; Texas Legislature, Texas Constitution and Statutes; North Carolina General Assembly; Ohio Legislative Service Commission; Kentucky General Assembly

Retainage caps on private work

13 jurisdictions cap retainage on private projects by statute. 10 set 5% and 3 allow 10%, two of them stepping down to 5% once the work is half done.

California's cap is the newest: Civil Code 8811 limits retention to 5% of each payment and of the contract price for private works contracts entered on or after 2026-01-01, unless payment and performance bonds are required. Massachusetts applies its 5% cap to projects of $3,000,000 or more and New York to projects of $150,000 or more.

Statutory caps on retainage in private construction Download CSV
JurisdictionCapRuleStatute
California5%5% of each payment and of the contract price (contracts on or after 2026-01-01, unless bonds are required)Cal. Civ. Code 8204, 8414, 8460, 8800, 8811; Bus. and Prof. Code 7108.5
Connecticut5%5% of each progress payment (contracts over $25,000)Conn. Gen. Stat. 49-34, 49-35, 49-39, 42-158i, 42-158j, 42-158k
Kansas5%5% (up to 10% if needed to ensure performance)K.S.A. 60-1103, 60-1105, 16-1803, 16-1804
Massachusetts5%5% of progress payments (projects of $3,000,000 or more)M.G.L. c. 254 ss. 4, 8, 11; c. 149 ss. 29E, 29F
Minnesota5%5%Minn. Stat. 514.011, 514.08, 514.12, 337.10
Mississippi5%5%Miss. Code 85-7-405, 85-7-407, 87-7-3, 87-7-5, 87-9-3
Nevada5%5% of each payment (owner to prime contractor)NRS 108.226, 108.233, 108.245, 624.609, 624.624
New York5%5% (projects of $150,000 or more)N.Y. Lien Law 10, 17; Gen. Bus. Law 756, 756-a, 756-c
Tennessee5%5% of the contract amountTenn. Code 66-11-112, 66-11-115, 66-11-145, 66-34-103, 66-34-601
Utah5%5% of each payment and of the total priceUtah Code 38-1a-501, 38-1a-502, 38-1a-701, 13-8-5
Illinois10%10% until 50% complete, then 5%770 ILCS 60/7, 60/9, 60/24, 60/28; 815 ILCS 603/10, 603/20
Missouri10%10% of each paymentRSMo 429.080, 429.100, 429.170, 431.180, 436.303
Nebraska10%10%, then 5% of later payments once 50% completeNeb. Rev. Stat. 52-137, 52-140, 45-1203, 45-1204, 45-1205

Massachusetts applies to projects of $3,000,000 or more; New York to projects of $150,000 or more; California to contracts entered on or after 2026-01-01.

Source: [19][22][50][71][78][83][100][112][137][144][43][88][97] California Legislative Information; Connecticut General Assembly; Kansas Office of Revisor of Statutes; The 194th General Court of Massachusetts; Minnesota Office of the Revisor of Statutes; FindLaw (Thomson Reuters) copy of the Mississippi Code; Nevada Legislature; New York State Senate, Open Legislation; FindLaw (Thomson Reuters) copy of the Tennessee Code; Utah State Legislature; Illinois General Assembly; Missouri Revisor of Statutes; Nebraska Legislature

Retainage: A share of each progress payment held back until the work is complete, used as security for performance.

Counts and distributions

Distribution of subcontractor lien deadlines

Formulamin, median, mean, max of lien day-equivalents; counts by bucket (under 60, 60 to 90, 91 to 120, over 120)

Inputs: lien rows for all 51 jurisdictions (e.g. 69, 110, 200, 243); derived d1 to d10 (fact sheet rows)

Result: Minimum 45, median 90, mean 113.5, maximum 240 days. Buckets: 1, 26, 15, 9 jurisdictions.

51.0% of jurisdictions give 60 to 90 days, so a subcontractor who tracks a 60-day internal deadline is inside the window almost everywhere except Hawaii.

Limitations: Months are converted at 30 days; deadlines run from different triggers (last work, completion, notice of completion), so day counts are approximate and not interchangeable.

Preliminary notice requirement count

Formulacount of jurisdictions coded 2 (required) or 1 (conditional) for a first-tier subcontractor

Inputs: notice rows for all 51 jurisdictions; derived d11 to d14 (fact sheet rows)

Result: 11 required, 4 conditional, 15 total (29.4% of 51).

About 3 in 10 jurisdictions make early notice a condition of full lien rights for a subcontractor hired by the prime contractor.

Limitations: Lower-tier subcontractors and suppliers face notice rules in more states; notices due shortly before filing are excluded by definition.

Private prompt payment statutes and flow-down deadlines

Formulacount of jurisdictions with a private prompt payment statute; distribution of prime-to-subcontractor deadlines; median owner deadline

Inputs: pp, sub and owner rows; derived d15 to d22 (fact sheet rows)

Result: 35 jurisdictions (68.6%). Flow-down: 17 at 7 days, 8 at 10, 5 at 14 or 15, 1 at 25, 4 with no fixed count. Median owner deadline 30 days (25 jurisdictions).

Where a statute exists, the subcontractor's clock is usually a week after the prime is paid, but the prime's own clock runs from different events, so total time to payment varies widely.

Limitations: 'None located' means no private payment-timing statute was found in the sections reviewed; most statutes yield to contract terms when the contract sets them.

Statutory retainage caps on private work

Formulacount of jurisdictions whose statute caps private retainage; count by cap level

Inputs: retainage rows; derived d23 to d25 (fact sheet rows)

Result: 13 jurisdictions: 10 at 5%, 3 at 10%.

A 5% cap is now the most common statutory limit on private retainage among states that set one.

Limitations: Thresholds (Massachusetts $3,000,000, New York $150,000, Connecticut over $25,000) and bond exceptions mean a cap may not apply to a given job.

Sensitivity check: excluding unofficial statute copies

Formularecompute median lien deadline, notice count and prompt pay count without AR, GA, IN, MS, NJ, NM, TN

Inputs: derived d26 to d29 (fact sheet rows)

Result: Median 102.5 days; 12 notice jurisdictions; 30 prompt pay jurisdictions (of 44).

The median is sensitive to these seven entries because six of them sit at 90 days; with 44 jurisdictions the median falls between two values and rises, so the 90-day median should be read with the unofficial-copy flag in mind.

Limitations: Those seven entries could lag an amendment that the copy has not yet picked up.

Download the calculations (CSV)

Key findings

  1. Across 50 states and DC, the median subcontractor lien deadline on private commercial work is 90 days and the mean is 113.5 days (statutes checked 2026-10-06).[31][109][38]
  2. 26 jurisdictions (51.0%) set a deadline of 60 to 90 days, 15 set 91 to 120 days, 9 set more than 120 days, and 1 (Hawaii) sets under 60 days.[38][55][109]
  3. Hawaii requires the application for a lien within 45 days after the date of completion of the improvement (HRS 507-43).[38]
  4. New York allows a notice of lien within 8 months after completion on commercial work, versus 4 months for a single-family dwelling (Lien Law 10).[109]
  5. Rhode Island gives 200 days for a notice of intention, but the claimant must then file suit within 40 days of recording it (R.I. Gen. Laws 34-28-4, 34-28-10).[128][129]
  6. Utah allows 180 days after final completion if no notice of completion is filed, and 90 days after one is filed (Utah Code 38-1a-502).[142]
  7. 11 jurisdictions require early preliminary notice on every private commercial job: Arizona, Arkansas, California, Florida, Michigan, Nevada, New Hampshire, Tennessee, Texas, Utah, Wyoming.[6][14][30][72][139][141][156]
  8. 4 jurisdictions require notice only in set circumstances: Georgia and Ohio when a notice of commencement is filed, North Carolina when a lien agent is designated, and Pennsylvania on projects of $1,500,000 or more with a posted notice of commencement.[35][118][114][126]
  9. Montana, Minnesota (over 5,000 square feet), Oregon, Washington and Wisconsin expressly exempt commercial work or first-tier subcontractors from their notice rules.[89][75][124][151][154]
  10. 35 of 51 jurisdictions (68.6%) have a private prompt payment statute; 17 of them require payment to subcontractors within 7 days of the prime contractor's receipt.[140][18][115][10]
  11. Where a statute sets an owner-to-prime payment deadline (25 jurisdictions), the median is 30 days; Virginia's 60 days is the longest and Arizona and Montana (7 days after approval or certification) the shortest.[150][9][92]
  12. Late-payment interest is usually 1% per month (Georgia, North Carolina, Pennsylvania, South Carolina) or 1.5% per month (Arizona, Texas, Tennessee and others); California sets 2% per month, and Kansas and Ohio 18% per year.[37][115][127][17][49][121]
  13. 13 jurisdictions cap private retainage by statute: California, Connecticut, Kansas, Massachusetts, Minnesota, Mississippi, Nevada, New York, Tennessee, Utah at 5%, and Illinois, Missouri, Nebraska at 10%.[19][22][78][112][88][97][43]
  14. Excluding the 7 jurisdictions read from unofficial statute copies, the median lien deadline moves from 90 to 102.5 days, because six of those seven use 90 days; the count of jurisdictions at 60 to 90 days stays the largest group.[11][34][134]

Executive summary

  • The median deadline for a first-tier subcontractor to file a mechanic's lien on private commercial work is 90 days across the 50 states and DC (statutes checked 2026-10-06).
  • 23 jurisdictions use exactly 90 days, and 26 of 51 (51.0%) fall between 60 and 90 days.
  • Hawaii is shortest at 45 days after completion; Louisiana allows 60 days, and Ohio and Oregon 75 days.
  • New York is longest at 8 months after completion (a 240-day equivalent), followed by Rhode Island at 200 days.
  • 11 jurisdictions require preliminary notice from a first-tier subcontractor on every private commercial job, and 4 more require it when the owner records a notice of commencement or names a lien agent.
  • 35 jurisdictions have a private prompt payment statute; the most common flow-down deadline is 7 days after the prime contractor is paid (17 jurisdictions).
  • 13 jurisdictions cap retainage on private work by statute: 10 at 5% and 3 at 10%.
  • California's 5% cap on private retention took effect for contracts entered on or after 2026-01-01 (Civ. Code 8811).

Questions people ask

How long do you have to file a mechanic's lien?

For a subcontractor on private commercial work, between 45 days (Hawaii) and 8 months (New York); the median across the 50 states and DC is 90 days and 23 jurisdictions use exactly 90 days (statutes checked 2026-10-06). The clock usually starts at your last work or at project completion, and a recorded notice of completion can shorten it.

Which states require a preliminary notice?

15 jurisdictions require early notice from a first-tier subcontractor on private commercial work. 11 always do: Arizona, Arkansas, California, Florida, Michigan, Nevada, New Hampshire, Tennessee, Texas, Utah, Wyoming. Georgia, North Carolina, Ohio and Pennsylvania require it when a notice of commencement or lien agent is in place.

What is a mechanic's lien?

A mechanic's lien is a claim recorded against land and buildings by a contractor, subcontractor or supplier who improved the property and was not paid. If the claimant files on time and sues within the enforcement period, a court can order the property sold to pay the debt.

What is the prompt payment act for private construction?

It is a state statute that sets how fast owners must pay prime contractors and how fast primes must pay subcontractors on private jobs, usually with interest for late payment. 35 jurisdictions have one; the most common subcontractor deadline is 7 days after the prime is paid.

Can a subcontractor file a lien on a commercial property?

Yes. Every state and DC gives subcontractors lien rights on private commercial property, subject to notice and filing deadlines.

Frequently asked questions

Which state has the shortest mechanic's lien deadline?

Hawaii: the application for a lien must be filed within 45 days after the date of completion of the improvement (HRS 507-43, checked 2026-10-06). Louisiana's 60 days is next.

Which state has the longest mechanic's lien deadline?

New York allows a notice of lien within 8 months after completion on commercial work (Lien Law 10). Rhode Island allows 200 days for a notice of intention.

What is the most common lien deadline for subcontractors?

90 days. 23 of 51 jurisdictions use exactly 90 days for a subcontractor on private commercial work.

How long do I have to sue to enforce a lien?

It varies widely: 90 days after recording in California, 6 months in Arizona and Nevada, 1 year in Florida, Michigan and New York, 2 years in Montana, Pennsylvania and Wisconsin. Rhode Island requires suit within 40 days of recording the notice of intention.

Does Texas still require monthly notices?

Yes. Since the HB 2237 changes effective 2022-01-01, a subcontractor must send a notice of claim for unpaid work by the 15th day of the 3rd month after each month of unpaid work on commercial projects (Tex. Prop. Code 53.056).

What happens if I miss California's 20-day preliminary notice?

You can still send it, but your lien, stop payment notice and bond claim cover only work provided within 20 days before the notice and after it (Civ. Code 8204).

How fast must a prime contractor pay a subcontractor?

In 17 of the 35 prompt pay jurisdictions, within 7 days after the prime is paid. Georgia, Hawaii, Minnesota, Nebraska, Nevada, New Jersey, Ohio and Oklahoma use 10 days.

What interest applies to late private construction payments?

It depends on the state: 1% per month in Georgia, North Carolina, Pennsylvania and South Carolina; 1.5% per month in Arizona, Texas, Tennessee, Minnesota and others; 2% per month in California; 18% per year in Kansas and Ohio.

Which states cap retainage on private projects?

13 by statute: California, Connecticut, Kansas, Massachusetts, Minnesota, Mississippi, Nevada, New York, Tennessee and Utah at 5%, and Illinois, Missouri and Nebraska at 10%.

How often is this registry updated?

Quarterly. It was last checked on 2026-10-06, and the next check is due in January 2027, when Utah's new retention statute version takes effect.

Download the data

Every table in this report is available as a CSV under CC BY 4.0. The fact sheet lists each value with its source URL and access date.

For journalists and researchers

If you cite only a few, cite these

  1. Median subcontractor lien deadline: 90 days (range 45 to 240 days), 50 states and DC, private commercial work, checked 2026-10-06.[38][109][31]
  2. Preliminary notice required in 15 of 51 jurisdictions for first-tier subcontractors on private commercial work.[6][14][30]
  3. Private prompt payment statutes in 35 of 51 jurisdictions; statutory private retainage caps in 13.[140][19]

Most quotable statistics

  • The median deadline for a subcontractor to file a mechanic's lien on private commercial work in the US is 90 days (50 states and DC, statutes checked 2026-10-06).[31][34][151]
  • Hawaii has the shortest subcontractor lien deadline at 45 days after completion; New York has the longest at 8 months.[38][109]
  • 15 of 51 jurisdictions require a first-tier subcontractor to send preliminary notice on private commercial work, 11 of them on every job.[6][14][139]
  • 35 of 51 jurisdictions have a private construction prompt payment statute, and the most common rule is payment to subcontractors within 7 days of the prime contractor being paid.[140][18][115]
  • 13 jurisdictions cap retainage on private construction; 10 set the cap at 5%.[19][22][78]
  • California capped private-project retention at 5% for contracts entered on or after January 1, 2026.[19]

Press summary

A new registry from Commercial Builders & Contractors checks the mechanic's lien and prompt payment statutes of all 50 states and the District of Columbia as of October 6, 2026, and links each entry to the statute text. For a subcontractor on a private commercial project, the deadline to file a lien runs from 45 days in Hawaii to 8 months in New York, with a median of 90 days; 23 jurisdictions use exactly 90 days. 15 jurisdictions require a first-tier subcontractor to send preliminary notice, 11 of them on every job. 35 jurisdictions have a private prompt payment statute, most often requiring payment to subcontractors within 7 days after the prime contractor is paid, and 13 cap retainage on private work, 10 of them at 5%. California's 5% retention cap took effect for contracts signed on or after January 1, 2026. The registry is not legal advice; deadlines have exceptions, and the statute and a local lawyer should be checked before relying on any date. Data and tables are free to reuse under CC BY 4.0.

Suggested headlines

  • Subcontractors get a median 90 days to file a mechanic's lien on commercial jobs, a 50-state check finds
  • From 45 days in Hawaii to 8 months in New York: the spread in US mechanic's lien deadlines
  • 15 jurisdictions make subcontractors send notice early or lose lien rights
  • 35 jurisdictions set prompt pay rules for private construction; 7 days is the most common flow-down deadline
  • California joins states capping private retainage at 5%

How to cite this report

Commercial Builders & Contractors. (2026). Mechanics lien laws by state: lien deadlines, preliminary notice and prompt pay rules for commercial subcontractors. Retrieved from https://commercialbuildersandcontractors.com/mechanics-lien-laws-by-state/

Reuse license

Data and tables are licensed CC BY 4.0. Attribution: “Source: Commercial Builders & Contractors, Mechanics lien laws by state: lien deadlines, preliminary notice and prompt pay rules for commercial subcontractors” with a link to this page.

Methodology

Selection: we read the mechanic's lien statute of each of the 50 states and DC, plus the state's private construction prompt payment statute where one exists, on 2026-10-06. Official government sites were used for 44 jurisdictions. For Arkansas, Georgia, Indiana, Mississippi, New Jersey, New Mexico and Tennessee the official code sits on an interactive portal that scripts cannot open, so we read the statute text from FindLaw's copy and marked those entries 'unofficial copy'. Oklahoma lien sections come from the state Construction Industries Board's March 2024 copy and its payment section from the Senate's 2019 compilation. Colorado comes from the official CRS 2024 printout.

Scope and definitions: every entry describes a first-tier subcontractor (hired by the prime contractor) on a private, non-residential project. 'Preliminary notice' counts only a notice due early in the job or monthly as a condition of full lien rights; notices of intent due shortly before filing are not counted. Deadlines written in months are converted at 30 days a month; Texas's '15th day of the 4th month' rule is entered at its shortest interval (about 105 days). Where a statute gives different deadlines for residential work, we note it but use the commercial rule.

Verification: a copy of every statute page was saved in raw/, and scripts/check_quotes.py asserts that 235 verbatim phrases supporting the values appear in those copies. Tier 2 and Tier 3 guides (Husch Blackwell, Fullerton & Knowles, Levelset) were used only to compare coverage, never as a source of a deadline.

Conflicts and limits: where a statute sets a default that applies only if the contract is silent (Alabama, Delaware, Oklahoma and others), we report the default. 'None located' for prompt payment means no private payment-timing statute was found in the sections reviewed, not proof that none exists. Courts interpret these deadlines, and case law can change how a deadline is counted.

Derived metrics (counts, medians, shares) are calculated in scripts/build_report.py from the fact sheet and stored in derived_metrics.csv. The registry is checked quarterly; last checked 2026-10-06.

This registry summarises statute text as posted on 2026-10-06. It is not legal advice. Lien and payment deadlines have exceptions (notices of completion, owner demands, residential rules, bonded projects) and courts read them strictly. Check the statute linked for your state and speak with a construction lawyer licensed there before relying on any deadline.

This report presents published data with its limitations. It is not legal, financial or investment advice.

Sources, ranked by quality

Tier 1: primary and official sources (156)

Tier 2: trade bodies, market research, company data (1)

Tier 3: journalism and expert commentary (2)