Guam § 33104 - Completion of Separate Original Contract.

§ 33104. Completion of Separate Original Contract.

(a) Any claimant under the provisions of this Chapter, in

order to enforce a lien, and:

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(1) within ninety (90) days after either,

(A) completion of his contract on a work of

improvement; or

(B) after he has ceased for thirty (30) consecutive

days to perform labor or furnish material, or both, for

any work of improvement, or

(2) within forty-five (45) days after an owner has

recorded a Notice of Completion with the Department of

Land Management and has mailed said Notice of

Completion to such claimant at the address stated in the

claimant’s twenty (20)-day preliminary notice by registered

or certified mail with return receipt requested, and shall

have published such notice in a newspaper of general

circulation on Guam, whichever of subsections (1) or (2)

first occurs; must record a written claim of lien with the

Department of Land Management, stating the name and

address of the claimant, a general description of the kind of

work done and materials furnished, the amount owed

therefor, the name of the person or firm by whom he was

employed or to whom he furnished the labor or materials,

and a description of the property sought to be charged with

the lien sufficient for identification. No mistake or errors in

the claim of lien shall invalidate the lien, unless the court

finds that an error therein was willfully made with the intent

to defraud, which shall thereby forfeit the lien.

(b) Where the work of improvement is not made pursuant to

one (1) original contract for the work of improvement, but is

made in whole or in part, pursuant to two (2) or more original

contracts, each covering a particular portion of the work of

improvement, the owner may, within ten (10) days after

completion of any such contract for a particular portion of the

work of improvement, record a Notice of Completion with the

Department of Land Management. If such notice be so recorded,

and mailed and published as provided in subdivision (a)(2) of

this Section, then any claimant must, by the earlier of the

deadline provided for in subdivision (a)(1) and (a)(2) of this

Section, record his claim of lien. If such notice be not so

recorded, mailed and published, then the period for recording

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claims of lien shall be as provided in subdivision (a)(1) of this

Section.