A mechanic’s lien secures payment of a claim arising from improvement to real estate, which can be foreclosed and sold to pay the debt.
A licensed contractor, subcontractor, or material supplier for a building project who has not been paid for the services or materials provided for the project can all file a mechanic’s lien.
Prior to filing the Mechanic’s Lien Statement, you may be required to give a Pre-Lien Notice to the correct property owner via personal delivery or certified mail. This can be crucial to validating your mechanic’s lien rights. If no Pre-Lien Notice was served, your Mechanic’s Lien Statement may be considered invalid.
Next, the Mechanic’s Lien Statement must be filed within 120 days of the date the work is completed. Again, if this deadline is missed, the statement is invalid.
The lien holder who is successful on foreclosing upon their lien may recover their attorneys’ fees.
All deadlines are strictly enforced and must be adhered to in order to have a valid and enforceable mechanic’s lien. However, there may be alternative remedies available to you by filing a lawsuit.
Where you need assistance in connection with a mechanic’s lien or a foreclosure proceeding, our experienced construction law attorneys have the skills and background to help. To schedule a consultation to discuss your matter, contact Smith Paulson O’Donnell & Erickson, PLC today.