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This entry was published on 2014-09-22
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SECTION 12
Notice of lien on account of public improvements
Lien (LIE) CHAPTER 33, ARTICLE 2
§ 12. Notice of lien on account of public improvements. At any time
before the construction or demolition of a public improvement is
completed and accepted by the state or by the public corporation, and
within thirty days after such completion and acceptance, a person
performing work for or furnishing materials to a contractor, his
subcontractor, assignee or legal representative, may file a notice of
lien with the head of the department or bureau having charge of such
construction or demolition and with the comptroller of the state or with
the financial officer of the public corporation, or other officer or
person charged with the custody and disbursements of the state or
corporate funds applicable to the contract under which the claim is
made. The notice shall state the name and residence of the lienor, the
name of the contractor or subcontractor for whom the labor was performed
or materials furnished, the amount claimed to be due or to become due,
the date when due, a description of the public improvement upon which
the labor was performed and materials expended, the kind of labor
performed and materials furnished, and materials actually manufactured
for but not delivered to such public improvement, and give a general
description of the contract pursuant to which such public improvement
was constructed or demolished. If the lienor is a partnership or a
corporation, the notice shall state the business address of such
partnership or corporation, the names of the partners, and if a foreign
corporation, its principal place of business within the state. If the
name of the contractor or subcontractor is not known to the lienor, it
may be so stated in the notice, and a failure to state correctly the
name of the contractor or subcontractor shall not affect the validity of
the lien. The notice must be verified by the lienor or his agent, to the
effect that the statements therein contained are true to his own
knowledge, except as to the matters therein stated to be alleged on
information and belief, and that as to those matters he believes it to
be true. The comptroller of the state or the financial officer of the
public corporation or other officer or person charged with the custody
and disbursements of the state or corporate funds applicable to the
contract under which the claim is made shall enter the same in a book
provided for that purpose, to be called the "lien book". Such entry
shall include the name and residence of the lienor, the name of the
contractor or subcontractor, the amount of the lien and date of filing,
and a brief designation of the contract under which the lien arose.