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Lien Law

Claimant

In Plain English

A person or company that has the legal right to demand payment through a lien or bond claim.

Definition

In lien law, a claimant is any party who has the legal right to file a mechanic's lien, stop notice, or bond claim for unpaid labor, materials, or services furnished to improve real property. Eligible claimants typically include general contractors, subcontractors, material suppliers, equipment lessors, and design professionals, though the specific parties entitled to lien rights vary significantly by state statute. A claimant must generally follow precise notice and filing requirements to preserve and enforce its lien rights.

Why It Matters in Bidding

Knowing who qualifies as a claimant shapes how a GC structures payments, collects lien waivers, and prices payment risk into a bid. Lower-tier subs and suppliers with lien rights can encumber the owner's property even after the GC has been paid, so verifying claimant status and tracking preliminary notices protects everyone in the payment chain. Misjudging eligibility under a state statute can leave a supplier with no recourse on a defaulted job.

Example

A drywall supplier confirms it qualifies as a claimant under state law, serves its 20-day preliminary notice after the first delivery, and preserves the right to lien the project if the subcontractor it sold to fails to pay.

Related Terms

Mechanic's LienLien WaiverPreliminary Notice

Frequently Asked Questions

It varies by state, but typically general contractors, subcontractors, sub-subcontractors, material suppliers, equipment lessors, and sometimes design professionals who furnished labor or materials improving the property. Some states require a direct contract with the owner or limit lower-tier rights. Always check the governing state statute before relying on lien or bond rights.
Most states require strict steps: serving preliminary or pre-lien notice within a set number of days of first furnishing, recording the lien within a deadline after last work, and filing suit to enforce within a separate window. Missing any statutory deadline or using improper service usually waives the right permanently.
No. Public property generally cannot be liened. On public work, an unpaid claimant instead pursues a claim against the contractor's payment bond, which is required on most federal jobs under the Miller Act and on state jobs under Little Miller Act statutes, each with its own notice and filing deadlines.

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