Rules by state
Lien deadlines and payment rules by state
Preliminary notice, lien and lawsuit deadlines, public bond claims, retainage caps and prompt payment rules for every state and DC, from the same data our free calculators use. Each state page cites the statute and marks anything we couldn't reduce to one number.
- Jurisdictions
- 51
- Median lien deadline
- 90 days
- Reviewed
Time for a subcontractor to record a lien
Private commercial work, sub hired by the GC. Select a state for its rules.
- Under 90 days
- 90 days
- 91 to 120 days
- Over 120 days
Values starting with ~ are approximate days on a sample job (month-based or month-end rules). 8 states count from project completion rather than your last day.
Retainage cap on public work
A single statewide cap is on file for 26 jurisdictions.
- 3.5%
- 5%
- 8%
- 10%
- Verify with state statute
Several states reduce or stop retainage at 50% complete. Hatched states have caps that vary by agency, contract size or date.
All states and DC
Select a column heading to sort. Private commercial work, subcontractor hired by the GC. * = required only in some cases.
| Alabama | Before work* | 4 months | ~183 days | 5% | Verify | 7 days |
|---|---|---|---|---|---|---|
| Alaska | Verify | 120 days | ~302 days | Verify | Verify | Verify |
| Arizona | 20 days | 120 days from completion | ~302 days | 10% | 10% | 7 days |
| Arkansas | None | 120 days | ~577 days | Verify | Verify | Verify |
| California | 20 days | 90 days from completion | ~180 days | 5% | 5% | 7 days |
| Colorado | None | 4 months | ~183 days | 5% | Verify | 7 days |
| Connecticut | None | 90 days | ~455 days | Verify | Verify | Verify |
| Delaware | None | 90 days | Verify | Verify | Verify | Verify |
| District of Columbia | None | 90 days from completion | ~270 days | Verify | Verify | Verify |
| Florida | 45 days | 90 days | ~455 days | 10% | 10% | 10 days |
| Georgia | None | 90 days | ~455 days | 10% | 10% | 10 days |
| Hawaii | None | 45 days from completion | ~135 days | 5% | Verify | Verify |
| Idaho | None | 90 days | ~271 days | Verify | Verify | Verify |
| Illinois | None | 4 months | ~731 days | 10% | Verify | Verify |
| Indiana | None | 90 days | ~455 days | Verify | Verify | Verify |
| Iowa | None | 90 days | ~821 days | 5% | Verify | Verify |
| Kansas | None | 3 months | ~457 days | Verify | Verify | Verify |
| Kentucky | None | 6 months | ~548 days | Verify | Verify | Verify |
| Louisiana | Suppliers only | 60 days from completion | ~425 days | 10% | Verify | Verify |
| Maine | None | 90 days | ~120 days | Verify | Verify | Verify |
| Maryland | None | 180 days | Verify | Verify | Verify | Verify |
| Massachusetts | None | 90 days | ~180 days | 5% | 5% | Verify |
| Michigan | 20 days | 90 days | ~455 days | 10% | Verify | Verify |
| Minnesota | 45 days | 120 days | ~365 days | 5% | Verify | 10 days |
| Mississippi | None | 90 days | ~270 days | Verify | Verify | Verify |
| Missouri | None | 6 months | ~365 days | 5% | Verify | Verify |
| Montana | 20 days | 90 days | ~821 days | Verify | Verify | Verify |
| Nebraska | None | 120 days | ~851 days | Verify | Verify | Verify |
| Nevada | 31 days | 90 days | ~271 days | 5% | Verify | 10 days |
| New Hampshire | Before work* | 120 days | Verify | Verify | Verify | Verify |
| New Jersey | None | 90 days | ~365 days | Verify | Verify | 10 days |
| New Mexico | 60 days* | 90 days | ~455 days | Verify | Verify | 7 days |
| New York | None | 8 months | ~610 days | 5% | 5% | 7 days |
| North Carolina | 15 days* | 120 days | ~180 days | 5% | Verify | 7 days |
| North Dakota | None | 90 days | ~1096 days | Verify | Verify | Verify |
| Ohio | 21 days* | 75 days | ~2267 days | 8% | Verify | 10 days |
| Oklahoma | None | 90 days | ~455 days | Verify | Verify | Verify |
| Oregon | Suppliers only | 75 days | ~195 days | 5% | Verify | Verify |
| Pennsylvania | 45 days* | 6 months | ~914 days | 10% | Verify | 14 days |
| Rhode Island | None | 200 days | ~320 days | Verify | Verify | Verify |
| South Carolina | Verify | 90 days | ~183 days | 3.5% | Verify | Verify |
| South Dakota | None | 120 days | ~2312 days | Verify | Verify | Verify |
| Tennessee | Monthly | 90 days from completion | ~180 days | 5% | 5% | Verify |
| Texas | Monthly | 15th of 4th month from completion | ~487 days | 10% | Verify | 7 days |
| Utah | 20 days | 90 days from completion | ~270 days | 5% | 5% | Verify |
| Vermont | None | 60 days | ~240 days | Verify | Verify | Verify |
| Virginia | None | 90 days after month end | ~286 days | 5% | Verify | 7 days |
| Washington | Suppliers only | 90 days | ~332 days | 5% | Verify | Verify |
| West Virginia | None | 100 days | ~281 days | Verify | Verify | Verify |
| Wisconsin | 60 days* | 6 months | ~914 days | Verify | Verify | Verify |
| Wyoming | 30 days | 120 days | ~300 days | Verify | Verify | Verify |
How to read these rules
Every state sets its own clock, and the clocks start at different events. Preliminary notices usually count from your first day on the job, so they come due before any invoice is late. Lien deadlines mostly count from your last day furnishing labor or materials, though 8 jurisdictions count from completion of the whole project, and Texas works to the 15th day of a later month. Lawsuit deadlines count from recording in most states and from your last day in others, so we show them as approximate days after your last day on a sample job to make them comparable.
3 states have month-by-month notices, where each month of unpaid work has its own deadline. On public work, property can't be liened, so subs and suppliers claim against the GC's payment bond, and federal jobs follow the Miller Act everywhere.
The numbers come from versioned data files that the lien deadline calculator and the retainage and prompt payment tool also use, so the pages and the tools always agree. Anything we couldn't reduce to one reliable number is shown as "Verify with state statute" rather than a guess. This is a planning aid, not legal advice.
Frequently asked questions
What is the most common mechanics lien deadline?
90 days. It is the median across the 50 states and DC for a subcontractor hired by the GC, and the most common single rule. But states count those days from different events: most from your last day furnishing labor or materials, 8 from completion of the whole project, and Texas to the 15th day of a later month.
Which states require a preliminary notice?
In our summary, 10 jurisdictions require a preliminary notice from subcontractors on private commercial work, and several more require one only in some cases (for example when the owner records a notice of commencement or names a lien agent). Use the table's notice column, and the state page for the details.
What is a typical retainage cap on public work?
Among the states where we have a single number on file, the median public retainage cap is 5%, and several states drop or stop retainage once the work is 50% complete. Federal contracts allow up to 10% at the contracting officer's discretion. Where a state's cap depends on the agency or contract size, we show "Verify" instead of a number.
Why do some states say "Verify with state statute"?
Because we would rather send you to the statute than guess. Some rules depend on facts a summary can't know (contract size, the agency, whether the owner filed a notice), and some statutes are read differently by courts. Those rules are marked so you know to check them.
Is this legal advice?
No. These are plain-language summaries of each state's statute for the most common case, reviewed on the date shown. Confirm every deadline with the current statute, your contract and a construction attorney in the project's state before relying on it.