What Does a Mechanics Lien Lawyer Actually Do to Help You?
When you need to file a mechanics lien, there are a number of advantages to employing an attorney to handle the process for you. Attorneys understand the nuances of lien laws and can give legal advice. This is especially useful if you're working in a number of different areas, don't experience drafting the appropriate preliminary notices and lien forms, and don't have the staff and tracking in place to follow up and make sure the work is complete.
Even for simple lien filings
Being able to hand the work off to someone else and know that it will be taken care of can be a relief. Whether you're working in multiple states, have a large number of projects pending at any point, or are working on many different types of projects, lien compliance can be a mess. Having someone who knows the details of the laws, regardless of where you're working or the type of project means you can hand over your lien compliance process.
The first thing a lien lawyer will do
The first thing a lien lawyer will do is help you set up a business process to track invoices and initial information collection. This means you'll be keeping good records and know when to notify the attorney if a project isn't paying. The attorney will work with you and your business to develop a process that makes sense, contracts for your projects, and draft preliminary notices where necessary. Then, when an account starts to fall behind, you'll be able to send out an appropriate preliminary notice and you'll know to notify the lien lawyer before the deadline to file a lien. You'll be set up to give them the file of information you've collected and let them take over from there to get you paid.
A lien lawyer will file your mechanics lien and make sure the proper parties receive notification
For simple liens, they have a quick and easy process that will make the filing process smooth and quick. Lawyers can spot those liens with issues that make filing more complex and make sure the forms are filled out correctly. A construction attorney is also able to assist with negotiations after your claim is filed. They can work with the property owner to help you reach a reasonable settlement.
Even if you're comfortable sending preliminary notices and filing most mechanics liens on your own, complex situations call for expert help. If you're at all unsure, it's probably best to consult an attorney who can help you untangle the issue and protect your rights by taking the correct steps. Also, when the other party has an attorney, having your own is a way to level the playing field.
Related Articles
Unpaid-Balance Lien States: Why You're Racing Against Two Deadlines, Not One
In an unpaid-balance lien state, the calendar deadline to record your lien is only half the race. The hidden second deadline is the moment the owner finishes paying the general contractor - because that payment can shrink or erase the fund your lien attaches to. This guide explains both deadlines, why subcontractors and suppliers lose money even when they file 'on time,' and the notice-and-timing strategy that protects your leverage.
Read Article
Connecticut Mechanics Lien Law: Notices, Deadlines, Lien Rights, and Contractor Registration
Connecticut treats original contractors and lower-tier claimants differently. This guide covers the lower-tier notice of intent, the 90-day certificate recording deadline, the 30-day owner-service requirement, the one-year foreclosure-and-lis-pendens deadline, the lienable-fund limit on subcontractor liens, who can claim, and how Home Improvement Act and New Home Construction registration affect enforcement.
Read Article
Delaware Mechanics Lien Law: Statement of Claim, Deadlines, Lien Rights, and Contractor Registration
Delaware enforces mechanics liens through a strictly construed statement of claim filed in Superior Court. This guide covers the 180-day and 120-day filing deadlines, the prior-written-consent rule for tenant work, the statement-of-claim pleading elements, the $25 threshold, who can claim, and Delaware contractor registration and business licensing.
Read Article