Section 18. Duration of lien under contract for a public improvement  


Latest version.
  • 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.