A lienor needs to record its construction lien within 90 days of its final furnishing date on the construction project. This must be proven at trial and is a requirement in order to sustain a construction lien foreclosure claim. Sometimes, however, there is a factual dispute with a lienor’s final furnishing date. If there is conflicting evidence as it pertains to this date, this should be a question of fact to be determined by the trier of fact. A circumspect lienor should not wait until the 90th day from its final furnishing date to record its lien. There is no reason to wait until the last minute. Rather, the lienor should aim to record is lien well before the 90th day to ensure its lien its timely recorded.
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