LEGAL GUIDE
Written by attorney Alexander Edward Barthet | Jan 3, 2018

Should I include weekends and holidays when counting my lien and notice-to-owner deadlines?

  • Today we're going to answer the question of whether or not you include weekends and holidays when counting your lien and notice-to-owner deadlines.

Let's get started. Hi everybody, my name is Alex Barthet with thelienzone.com, and I'm going to answer a question that I get on a fairly regular basis: do I include weekends and legal holidays when calculating the notice-to-owner and claim-of-lien or bond deadline? The answer is yes, so let's take a few examples.

One: you're going to calculate the lien deadline for a claim of lien. It is 89 days away. You're going to add in all of the weekends and legal holidays from your last date of work, through and including the day that you need to record it. Now if your lien or notice of nonpayment actually lands on a weekend or legal holiday, then you're going to roll it to the next business day. So if the day falls on a Saturday, it'll roll to the Sunday, and then it'll roll to the Monday, and if Monday is a legal holiday, where the courts are closed so therefore you can't take anything to recording, then it rolls to the next business day, which will be Tuesday.

The same applies for calculating notice-to-owner deadlines. So the 45-day deadline for notice to owners includes all the weekends, all the legal holidays from the beginning until the end, except where the last day falls on a weekend or legal holiday.

Now, if you wanna make your life a little easier in calculating notice-to-owner and lien deadlines, you can go ahead and go to thelienzone.com and get one of these lien calculators, we call it the Calc-U-Lien, and it'll allow you to calculate the notice-to-owner deadline based on your first work date, as well as the claim-of-lien and notice-of-nonpayment deadline based on your last work date. You just spin the wheel and it calculates the date.

Now, it's app season, so we've also launched an app in both the iPhone and Google Play store, which does the exact same thing. You can turn the wheel and it'll calculate the notice-to-owner deadlines as well as the claim-of-lien deadlines right there. So go to the App Store, search for thelienzone, L-I-E-N-Z-O-N-E, all together, no spaces. You'll find the app. Go ahead and download it.

If you have any other questions about how to calculate your lien and notice deadlines, go ahead and send us an e-mail. Make sure to follow us on social media, @thelienzone. See you next time.

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