What is a mechanics lien?
Mechanic’s and materialmen’s liens exist in most states to provide special collection rights to persons and businesses that make improvements to real property. They are of particular concern to the purchaser of real property, as the seller may have had significant work done on the property in anticipation of sale. If the seller has not yet paid for that work, mechanic’s liens can result. The definition of mechanics and materialmen usually includes anyone who provides services such as carpentry, plumbing, painting, and the like, as well as anyone who supplies building materials and supplies for the project. On any given project, the general contractor, the subcontractors, and the lumberyard and other suppliers will have mechanic’s lien rights. Some states also grant these rights to professionals such as architects, engineers, and surveyors. The laws governing mechanic’s liens vary greatly from state to state. Commonly, however, the contractor has the right to serve the owner of the prop
This is a lien that a contractor or material provider can file against your real estate if you do not pay for the work or materials they provide for the construction project. However, before they have the right to file the lien, they usually must give you a “pre-lien” notice. If they do not give this notice (or are not a licensed contractor), they may not have the special legal rights granted by the mechanic’s lien laws. There are many special rules and time limits that apply to these cases. If they are not followed properly, the lien may not be enforceable. We have handled a number of mechanic’s lien cases for contractors and homeowners. It is important that you call us as soon as possible if you think you may be involved in a mechanic’s lien situation.
