How Long Does a Contractor Have to File a Mechanic's Lien? Your State Decides
How long does a contractor have to file a mechanic's lien? There is no national answer. Arizona gives you 90 days from your last day of work. New York gives you 8 months. Texas does not count days at all; it uses the 15th day of the third or fourth month. Miss your state's window and the lien is dead, no matter how much you are owed.
General information, not legal advice. Lien law is state-specific and deadline-driven. If real money is on the line, talk to a construction attorney in your state before the clock runs out.
| State | Deadline to file | Clock starts |
|---|---|---|
| Arizona | 90 days | Last furnishing of labor or materials |
| Connecticut | 90 days | Last day of work (lodge certificate with town clerk) |
| Texas (residential) | 15th day of 3rd month | Month indebtedness accrued |
| Texas (non-residential) | 15th day of 4th month | Month indebtedness accrued |
| Colorado | 4 months | Last work performed or materials delivered |
| New York | 8 months | Last day of work (4 months for single-family homes) |
| Ohio (residential) | 60 days | Last furnishing |
| Ohio (commercial) | 75 days | Last furnishing |
How long does a contractor have to file a mechanic's lien, exactly?
The clock starts at your last day of work or your last delivery of materials, not at the invoice date and not when the client stopped returning calls. That distinction burns people. You finish the job in March, you invoice in April, the client strings you along through summer, and by the time you look up lien deadlines in September, Arizona's 90 days expired in June.
The "last day of work" is also narrower than it sounds. Courts generally do not let warranty callbacks, punch-list touch-ups, or a return trip to fix something minor restart the clock. Connecticut courts read the 90-day rule strictly; there, more liens are discharged for late filing than for any other reason. If you are counting on a small return visit to extend the deadline, it probably will not.
The trap: the clock starts without telling you
Nobody sends you a notice when your lien window opens. The state sends no letter, no email, no reminder. The deadline starts running the day you pack up your tools, while you are still in the optimistic phase of assuming the check is in the mail. Most contractors learn their state's deadline after it has already passed, which is exactly backwards.
The fix costs nothing. The day a job ends, put the filing deadline on your calendar. Not the invoice due date. The lien deadline. Then invoice normally, follow up normally, and apply your late-fee terms normally. The calendar entry just sits there as the backstop, in case normal stops working.
Filing is step two, not step one
In many states the lien itself is the last move in a longer sequence. Preliminary notices, notices of intent to lien, sworn statements, service by certified mail: each has its own deadline and its own paperwork rules, and missing any of them can invalidate the filing. Texas requires the affidavit to reach the owner within days of filing. Ohio recorders reject documents over margin rules. The details are fussy on purpose.
That is why the attorney advice is not boilerplate here. A construction lawyer files these weekly and knows which county clerk wants what. For a few hundred dollars of review, you get a lien that actually holds. Compare that to the invoice you are trying to collect.
The invoice comes first, though. Generate a contractor invoice with clear payment terms and late fees, so the paper trail is clean if the job ever goes past friendly reminders and into the escalation steps.
Frequently asked questions
Does the lien deadline run from the invoice date?
No. It runs from your last furnishing of labor or materials, or the last day of work, depending on the state. The invoice date is irrelevant to the deadline.
Does warranty or punch-list work extend the deadline?
Usually not. Courts in most states hold that minor return visits, warranty callbacks, and trivial work do not restart the filing clock.
Can a subcontractor file a lien if the owner already paid the general contractor?
It depends on the state, and this is where preliminary notices matter. Many states require subcontractors to send notice early in the project to preserve lien rights at all.
Do I need a lawyer to file a mechanic's lien?
Not always required, but strongly advisable. The technical requirements around notices, sworn statements, service, and recording vary by state and county, and errors invalidate the lien.
What is the deadline in my state if it is not listed above?
Look up your state's lien statute directly, or ask a local construction attorney. Deadlines range from 60 days to 8 months, and some states use calendar-date formulas instead of day counts.
Related reading: Your Client Won't Pay: The Steps in Order · The Contractor's Guide to Late Fees · How Long Does a Client Have to Pay a Contractor Invoice?