In our post "How to safely extend net terms to contractors and speed up payments", we said that a lien is your most powerful collection tool. But you have to file that lien on time or risk losing your shot at getting paid. The moment that starts the countdown is called the trigger date.

What is a Trigger Date?

The trigger date is the event that starts the clock ticking on your deadline to file a mechanics lien. Every state allows contractors, laborers, and material suppliers to file a lien, but the timeline to file it—often referred to as the "lien period"—is limited. The lien period has a beginning point (the trigger date) and an end point (the filing deadline). Missing that window can mean losing your right to secure payment.

Common Trigger Dates in Mechanics Liens

The exact trigger date varies depending on your state and the specifics of the project, but here are the most common ways it’s determined:

1. Last Date of Work or Materials Supplied: In many states, the lien period starts on the last day you provided labor or delivered materials to the job site. This is the most common trigger date, and it's critical to keep accurate records of your deliveries and labor.
2. Substantial Completion: Some states look at the date of "substantial completion" of the project, meaning the point at which the work is complete enough for the project to be used for its intended purpose, even if minor work or punch-list items are still ongoing.
3. Notice of Completion or Cessation: In certain cases, when the property owner files a formal notice of completion or cessation of work, this can start the clock on your lien filing deadline. Make sure you’re aware of any such filings because they can shorten your window to file.
4. Contract Termination: If a contract is terminated before the job is finished, the termination date may serve as the trigger for your lien rights.

Why Determining the Trigger Date is Tricky

Figuring out your trigger date might sound simple, but in practice, it can get complicated—especially when disputes arise. For example, in many states, the date you perform remedial work, punch-list tasks, or warranty-related fixes won’t count as the trigger date. So even if you’re still on the job site, your lien period may have already started long before. It’s easy to lose track of when exactly that last "official" work was done.

How to Handle Trigger Dates with Caution

For many contractors and suppliers, the key date is when they last delivered materials or performed work. If you’re managing multiple projects, keeping track of these dates can get overwhelming. That’s why using project management tools to track dates is critical. Some tools can automatically calculate lien deadlines based on the last work date you enter, but remember: Garbage in, garbage out. You’ve got to be diligent about entering the correct trigger date.

And if you're in doubt? Play it safe. Filing your lien with time to spare is always better than cutting it close. Missing the deadline by a day can cost you your lien rights.

Consult an Attorney for State-Specific Rules

Since lien laws vary from state to state, and the specifics of what counts as the last day of work can differ, it’s a smart move to consult an attorney to make sure you’re on the right track. A local construction lawyer will know the case law in your area and can advise on what your trigger date should be. That way, you won’t be guessing—and risking your payment.

Final Thoughts

The trigger date is the starting gun for your mechanics lien filing deadline. Whether it’s the last day you delivered materials or a notice of completion filed by the owner, knowing when the clock starts is crucial. Missing your lien deadline means losing one of the most effective tools for getting paid on a construction project, so keep a close eye on those dates.

Stay organized, don’t wait until the last minute, and when in doubt, consult a pro. After all, securing your right to payment is too important to leave to chance.

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