What About Mechanic's Liens?
Contractors, subcontractors, design professionals and suppliers can put a mechanic's lien on a property when a bill remains unpaid. Until the lien is satisfied, it can affect the owner of the property in many adverse ways, preventing the owner from selling the property and even resulting in foreclosure.
Legal Help for Construction Professionals and Suppliers Filing Mechanic's Liens
At the Los Angeles-area Law Office of Steven R. Lovett, we have been advising contractors, subcontractors and suppliers on their rights regarding mechanic's liens for over 30 years. It is often a necessary last resort when seeking payment to protect your business. Because of the complexity of construction laws and regulations regarding the filing, enforcement and satisfaction of mechanic's liens, it is in your best interest to contact an experienced lawyer to learn more about them before you file.
In order to successfully file a mechanic's lien, you must:
- Be currently licensed — if your license lapsed at any point during the project, you will not be eligible to file a lien
- Have a legitimate cause to file a mechanic's lien — if you cannot substantiate your claim, you can in turn be sued
- File a lawsuit
As a construction professional, you must adhere to a timetable and a formal set of requirements to file a preliminary notice. Additionally, there is a limit on the number of days allowed to record the mechanic's lien. (Click here for an easy to understand chart.)
Legal Help for Property and Homeowners Removing a Mechanic's Lien
What happens when a mechanic's lien is filed against your property? If it is a valid claim, the consequences of not paying can be dire, affecting your ability to get a loan or sell your property — or if you cannot or will not pay the lien, your property could even be foreclosed.
What happens, though, if you feel the mechanic's lien is unsubstantiated? A claim may be unsubstantiated if:
- Work was not completed
- Supplies/materials were not included
- Work was defective or unnecessarily delayed
- The contractor was not properly licensed
- The claimed work includes items beyond services that improved the project, such as delay damages
- Other clauses in the contract were not met
If you have had a mechanic's lien filed against you, it is imperative that you contact an experienced construction law attorney right away. In addition to possible breach of contract issues, contractors have a timeline which they are required to follow. Their failure to do so will invalidate any mechanic's lien claim they filed against your property.
Need Help With a Mechanic's Lien? Contact Us for a Free Initial Telephonic Consultation.
We have over 30 years of experience in assisting construction professionals and property owners throughout Southern California regarding mechanic's liens. Contact us by e-mail or call us at 818-999-9397 for a free telephonic consultation.
