Avoid These Mechanic’s Lien Pitfalls
A mechanic’s lien is a powerful tool a contractor can use to force a client to pay. Real Estate Attorney Boyd Rolfson offers some tips on how to avoid some common mechanic’s lien mistakes so your mechanic’s lien is a success.
Get Help Filing a Mechanic’s Lien
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What is a Mechanic’s Lien?
A mechanic’s lien is a legal claim on the property for unpaid construction work or supplies. It’s a way for a contractor to get paid when a property owner refuses to fulfill their financial obligation on the project.
Filing a mechanic’s lien in court requires a lot of legwork upfront. The deadlines are strict. And failure to meet any of the requirements could result in your lien being canceled.
A mechanic’s lien has the power to foreclose on a homeowner’s property. So the law sets the bar very high for mechanic’s lien filers.
Mechanic’s Lien Mistakes
There are a number of mechanic’s lien mistakes to be made during the preparation and filing process. If you’ve never been down this road before we suggest you consider hiring an attorney to help you.
First, there are certain procedures that must be followed when a mechanic’s lien is prepared.
Let’s look at where common mechanic’s lien mistakes can occur:
- Wording Within the Lien – Certain language must be used in the lien.
- Notice to File – You must let the property owners know beforehand that you intend to file a lien.
- The Recording Process – The lien must be recorded within the appropriate office.
- Timelines – You must meet specific timelines throughout the process – and there are many.
If any of these deadlines or procedures are missed or not followed correctly you risk having your lien invalidated.
Enforcing the Lien
Generally speaking, most of these types of cases are resolved before a lien has to the enforced. But, if it comes time for you to enforce the lien, you will have to go to court. It’s important to know that the judge will likely expect you to follow all the rules and regulations whether you have an attorney or not.
If you’ve tried everything to get a client to pay their bills, you may be able to resolve that problem with a mechanic’s lien. Our attorneys can help avoid mechanic’s lien mistakes so you have a better chance for a successful outcome.
Schedule a free case assessment when you call 303-688-0944. You can also schedule yourself online when you click here.