Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 18
Duration of lien under contract for a public improvement
Lien (LIE) CHAPTER 33, ARTICLE 2
§ 18. Duration of lien under contract for a public improvement. If the
lien is for labor done or materials furnished for a public improvement,
it shall not continue for a longer period than one year from the time of
filing the notice of such lien, unless an action is commenced to
foreclose such lien within that time, and a notice of the pendency of
such action is filed with the comptroller of the state or the financial
officer of the public corporation with whom the notice of such lien was
filed; or unless an extension to such lien is filed with the comptroller
of the state or the financial officer of the public corporation with
whom the notice of such lien was filed within one year from the filing
of the original notice of lien, continuing such lien and such lien shall
be redocketed as of the date of filing such extension. Such extension
shall contain the names of the lienor and the contractor or
subcontractor for whom the labor was performed or materials furnished, a
description of the public improvement upon which the labor was performed
and materials expended, the amount of such lien, and the date of the
filing of the notice of lien. No lien shall be continued by such
extension for more than one year from the filing thereof. In the event
an action is not commenced to foreclose the lien within such extended
period, such lien shall be extinguished unless an order be granted by a
court of record or a judge or justice thereof, continuing such lien, and
a new docket be made stating such fact. No lien shall be continued by
such order for more than one year from the granting thereof, but a new
order and entry may be made in each of two successive years. If a lienor
be made a party defendant in an action to enforce another lien, and the
plaintiff or such defendant has filed a notice of the pendency of the
action within the time prescribed in this section, the lien of such
defendant is thereby continued. The provision of this section in regard
to continuing liens shall apply to liens discharged by deposit or by
order on the filing of an undertaking. This section is hereby declared
to be a remedial statute and is to be construed liberally to secure the
beneficial interests and purposes thereof.