Statute of Limitations on a Lien

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    Statute of Limitations Generally

    • A statute of limitations specifies a time frame within which a claimant may file suit and is usually measured in years. This is separate from the limits on filing a claim of lien. Expiration of the time to claim a lien does not necessarily mean the workman cannot sue for breach of contract.

    Filing a Claim of Lien

    • The time to file a claim of lien will run from the last date of furnishing of labor or materials. Once filed, the claim prevents the owner from selling the property without paying the workman. This time limit can be found in statutes with subject headings such as "Statutory Liens."

    Enforcing a Claim of Lien

    • To perfect a lien, a workman must usually file a lawsuit to enforce it within a specified time frame. The statute may express this as time after filing the claim of lien or it may be a period of time after the last date of furnishing of labor or materials.

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