What steps must be taken after filing a commercial construction lien with the county clerk?

In addition to filing with the county clerk, the lien claim must be personally delivered or sent by registered or certified mail and regular mail to the owner within 10 days after filing. Subcontractor lien claims must be served in the same manner on general contractors and subcontractors. If service is untimely, the lien claim is still valid unless the party who is served shows that it was materially prejudiced. For instance, if the owner disburses funds without knowing that a lien claim was filed, that disbursement meets the owner’s initial burden of showing material prejudice. 

Lien claimants must file a lawsuit to foreclose the lien within one year from the date of the last provision of work, services, material, or equipment for which the lien claim is filed or within 30 days following receipt of written notice, by personal service or certified mail, return receipt requested, from the owner or community association, contractor, or subcontractor against whom a lien claim is filed, as appropriate, requiring the claimant to commence an action to establish the lien claim.




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