Lien suit deadlines: 4 checks in NC, Arizona and Florida

• Record the event that starts the count, with supporting documents.
• Track required lien notices alongside the action to enforce the lien.
• Check for an owner's election to shorten the time in Florida.
• Assign the calendar to one person and have a lawyer confirm the count.

This post covers four deadlines from the official statutes for North Carolina, Arizona and Florida. It is written for owners, dispatchers and team leads at small HVAC, plumbing and electrical firms who need plain answers they can pass along to the people who schedule jobs, track dates and send invoices.

Each rule below applies only in the state named with it. None of them should be read as a general rule for the other two states, or for any state not covered here.

Each section links to its official statute page. Read the full section before relying on a date.

In North Carolina, an action to enforce a claim of lien on real property may not be commenced later than 180 days after the last furnishing of labor or materials at the site of the improvement by the person claiming the lien. The source is G.S. 44A-13 from the North Carolina General Assembly.

In practice, that means the start date is the last day your firm supplied labor or materials at that job site. Your team should record that date clearly for every job, because the 180 days are counted from it. Whoever closes out the service ticket may be the person who has the last-visit date, so that date should be written down at the time.

The same section also says where the action may be brought. Under G.S. 44A-13, an action to enforce a claim of lien on real property "may be commenced in any county where venue is otherwise proper." That line is about the place where the action can be started. The 180-day limit is a separate requirement, and the two should be read separately.

The section describes one other way a filing can meet the requirement to commence a civil action. The quote reads: "The filing of a proof of claim with a receiver or in bankruptcy and the filing of a notice of lis pendens in each county where the real property subject to the claim of lien on real property is located within the time required by this section satisfies the requirement for the commencement of a civil action." In plain words, in a receiver or bankruptcy situation, a proof of claim filed with the receiver or in bankruptcy, together with a notice of lis pendens (a notice that a lawsuit over the property is pending) in each county where the property is located, counts when it is done within the time the section requires.

In Arizona, a lien granted under the lien article "shall not continue for a longer period than six months after it is recorded," unless two things happen within that period. The source is 33-998 from the Arizona Legislature, which is titled "Limitation of action to foreclose lien; attorney fees."

The first requirement is that action is brought within the six-month period to enforce the lien. The second is that a notice of pendency of action is recorded under section 12-1191 in the office of the county recorder in the county where the property is located. The quote joins the two with the word "and," so under this rule both are needed for the lien to continue beyond six months.

The six months in this quote are counted from the date the lien is recorded. Any team that files lien paperwork should keep a copy of the recorded document with the date stamp, because that stamp is the start point for the count.

The same section also covers a second situation. The quote reads: "If a lien claimant is made a party defendant to an action brought by another lien claimant, the filing within such period of six months of an answer or cross-claim asserting the lien shall be deemed the commencement of an action within the meaning of this section." Under this rule, if your firm is named as a defendant in another lien claimant's action, filing an answer or cross-claim that asserts your lien within the six-month period counts as commencing an action.

A firm that relies on it should confirm, with a lawyer licensed in Arizona, how the recorded notice requirement applies to its own situation.

In Florida, a lien that has been continued beyond the 1-year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded. The source is the lien statute on the Florida Statutes page, published on the Online Sunshine site.

The statute also gives owners a say in timing. Subsection (2) says that an owner or the owner's attorney may elect to shorten the time in subsection (1) within which to commence an action to enforce any claim of lien. Before your firm plans around a full year, it should check whether an election of this kind has been made on the job.

Your team should read the complete text of the Florida lien statute on the official site before counting from any date. Florida also uses the term "lienor" in the statute, and the notice form discussed in the next section uses "you" to refer to the lienor. Keep that in mind when you read the form.

The Florida statute includes a form of notice that contests a claim of lien. The form states: "You are notified that the undersigned contests the claim of lien filed by you on , (year) , and recorded in Book , Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 60 days from the date of service of this notice." The source is the same Florida Statutes page, from the Online Sunshine site.

Read the form as a notice from the party contesting the lien to the lienor. In the form, "you" means the lienor, the party that filed the claim of lien.

The blanks in the form are for the year the lien was filed, the book and page where it was recorded, and the county. A team that receives such a notice should fill its records with those details as soon as the notice arrives, so the service date can be matched to the lien file.

If that date is unclear, a lawyer should be asked to confirm it. For related recordkeeping, see Florida lien time limits.

This date is not one of the four in the title. It is included because it sets another short Florida time limit that a lienor may face after a complaint is filed. Under section 713.21 of the Florida Statutes, the source is the statute page from The Florida Senate. The quote reads: "Upon filing a complaint by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days after service of the summons why his or her lien should not be enforced by action or vacated and canceled of record."

In plain words, once an interested party files a complaint, the clerk issues a summons to the lienor. The lienor is asked to show cause within 20 days after service of that summons. The question the lienor must answer is why the lien should not be enforced by action, or vacated and canceled of record. The 20 days are counted from service of the summons, so the service date should go on the calendar.

Because this summons is directed to the lienor, a firm that receives one should treat it as a court matter and pass it to a lawyer quickly.

The four deadlines differ in what starts the count, what counts as starting suit, and whether an owner can change the time. The table below puts the deadlines with identified start events side by side.

Each row answers a different question, so the table should not be read as a list of equal deadlines.

Put each date on a shared calendar with its start event written next to it, and ask a lawyer licensed in the right state to confirm each count before your firm relies on it. A calendar entry that shows only the deadline does not show what the count started from.

For North Carolina, log the last date your crew furnished labor or materials at each site. Count 180 days from that date, and write the end date on the job file. If the job involves a receiver or bankruptcy case, note that the quote in this post ties the proof of claim and lis pendens filings to that situation.

For Arizona, log the recording date of each lien. Count six months from that date. Track whether an action to enforce the lien has been brought within the period, and whether a notice of pendency of action has been recorded in the county where the property is located. Keep the recorded copies with the job file.

For Florida, confirm the start of the 1-year period in the complete statute text, and check whether an owner has made an election to shorten the time. If a notice of contest in the statute's form arrives, log the service date and count 60 days from it. If a complaint is filed and a summons is served on the lienor, log the service date and count 20 days from it.

Dispatchers and team leads should share one list. The dispatcher who closes the ticket may have the last-visit date, while the team lead may track the lien filing and the owner's notices. Name one person who owns the calendar, so that a notice or a summons does not sit in an inbox while the count runs. Use a work order checklist for dispatch handoffs to keep the handoff clear.

For an illustrative North Carolina file, assume 90 days have passed since the last furnishing of labor or materials by the lien claimant at the site. Subtract 90 from 180: 90 days remain in that calendar count. Have a lawyer confirm the start date and count before relying on the entry.

This post quotes only selected portions of the linked statutes. A firm that is planning a lien filing or a lawsuit should not treat this post as the full set of rules for its job.

This post is general information, not legal advice. Statutes change, so confirm each date against the current official text before you rely on it. Before you act on any deadline, talk with a lawyer licensed in the state where the property is located, and give that lawyer the start dates your team has recorded.

Today, choose one unpaid job, gather its dated documents, and ask the person responsible for the calendar to check the entry with a lawyer.

What should go with the calendar entry?

Keep the document showing the start event with the job file. That lets the person checking the count see the date behind it.

Who should receive a court summons?

Pass the summons to a lawyer quickly. Keep it with the lien file so the service date can be checked.