A Legal Guide to Filing a Mechanic’s Lien for Unpaid Debt

mechanic's lien attorney

When a contractor, subcontractor, or supplier performs work or provides materials for a construction project, they deserve to be paid – and a mechanic’s lien is often required. Unfortunately, payment disputes are not uncommon in the construction industry. Imagine you’ve dedicated your skills, time, and materials into a construction or repair project, holding up your end of the bargain, but payment is slow in coming, or worse, doesn’t come at all. This situation can be incredibly frustrating and can significantly impact the financial health of your business.

When payments are delayed or withheld, a mechanic’s lien can be a powerful legal tool to help collect what is owed. But navigating the mechanic’s lien process can be complex – especially when strict deadlines and legal technicalities come into play. That’s where a knowledgeable attorney becomes essential.

Why a Mechanic’s Lien can be so Important

A mechanic’s lien is a legal claim filed against a property by someone who has supplied labor or materials for improvements to that property and has not been paid. The lien essentially acts as a form of collateral, tying the unpaid debt to the property itself. If the debt remains unpaid, the lien can eventually lead to foreclosure proceedings, forcing the sale of the property to satisfy the claim. For those in the construction and contracting industries, a mechanic’s lien is a vital tool for securing payment for what they have invested, such as materials, time or expertise, and providing the leverage to pursue legal action if necessary.

The Legal Process of Filing a Mechanic’s Lien

Mechanic’s lien laws generally involve several strict steps and deadlines:

  1. Preliminary Notice – Contractors or suppliers must first provide a preliminary notice to the property owner that they are working on the project and may file a lien if unpaid.
  2. Filing the Lien – If payment is not received, a lien must be filed with the appropriate county recorder’s office within a specified period (often 60 – 120 days after last providing labor or materials).
  3. Notifying the Owner – The party filing the lien typically must also serve notice of the lien on the property owner within a short time after filing.
  4. Enforcing the Lien – If the lien is not voluntarily satisfied, the claimant must file a lawsuit to enforce it within a limited window (usually one year or less). Failure to act within the deadline can void the lien.

Each of these steps must be followed exactly as outlined by law. Mistakes, such as missing a deadline or failing to include required information, can render a lien invalid.

Working with Churchill, Quinn, Hamilton & Van Donselaar, Ltd

Filing a mechanic’s lien isn’t just about submitting a form – it’s a legal action with serious consequences for all parties involved. Our attorneys have vast experience in this area and can help by:

  • Ensuring compliance and making sure all procedural requirements are met and all deadlines are tracked.
  • Protecting your rights by providing proper representation, whether you’re a contractor looking to get paid or a property owner disputing a lien.
  • Negotiating settlements or helping to resolve payment disputes before they escalate, thereby avoiding lengthy litigation.
  • Litigating when necessary, if court action is needed to enforce or defend against a lien.

When it comes to mechanic’s liens, it is imperative to work with a skilled attorney who understands the intricacies of construction law. Contact us at 847-223-1500 to request a consultation.