Lien Errors ArticlesRSS feed for this section

Be Careful Who You Choose To Enforce Your Mechanics Lien

A construction company in Georgia got stiffed $175,000, and filed a Georgia mechanics lien for that amount. Then, they made a mistake that is a pretty difficult mistake to predict.  They hired the wrong attorney. Xavier Dicks was hired in June 2007 to foreclose upon a $175,000 mechanics lien set to expire on December 15, […]

Read full story Comments { 0 }

California Court Forgives Mechanics Lien Incorrect Identification Of Claimant

What’s in a name? Unfortunately when filing a mechanics lien claim, since the legal industry sometimes celebrates pointless technicalities, names can mean a lot. Over the past six months, the California appeals courts have grappled over claimant names more than usual. Back in September, I wrote about an appeal opinion in Ball v. Steadfast-BLK, where […]

Read full story Comments { 4 }

Five Reasons To File Your Mechanics Lien As Early As Possible

Making the decision to file a mechanic’s lien isn’t an easy decision to make. Usually, your company has a relationship with others on the project, and there may very well be some good faith reasons why payment is getting held up on the job. The implication of this difficulty is that many wait until the […]

Read full story Comments { 1 }

Should Material Suppliers Wait Until An Account Is Overdue Before Sending Preliminary Notice?

This is a question frequently asked by those in the material supply business. In fact, it’s a common practice by suppliers to worry about preliminary notices only when an account goes unpaid. This makes mechanic lien compliance remarkably easier, because the company need not worry about sending notices to owner correctly every time or being […]

Read full story Comments { 0 }

California Case About Tiny Mistake In A Mechanic Lien Underscores Importance Of Attention To Detail

The first words of the California Court of Appeals written opinion in Ball v. Steadfast-BLK are: “What’s in a name?”  That’s because the case involves a challenge to a mechanics lien, arguing that a California mechanics lien is invalid and unenforceable because it was filed by David E. Ball dab “Clark Air Conditioning & Heating,” […]

Read full story Comments { 2 }

Georgia Supreme Court Case Example Of How Small Typographical Errors Can Be Fatal To A Mechanics Lien Claim

Filing a mechanic’s lien can be a fantastic collections tool for your company…unless you file the lien incorrectly. Regardless of where you’re filing across the country, it’s of paramount importance that your lien form meet the strict requirements of your particular jurisdiction. There are hundreds of seemingly small mistakes that can invalidate your lien, and […]

Read full story Comments { 2 }

What If Company Name On Lien Is Different Than Name On Construction Contract?

A situation recently arose in Alberta, Canada requiring the Canadian courts to analyze a basic and usually non-controversial component of every mechanics lien: the name of the claimant. Since the claimant is filing the lien, the identification of the claimant should really be a no-brainier. For this reason, there’s very little jurisprudence in the United […]

Read full story Comments { 0 }

how-to-file-a-lien

How To File A Mechanics Lien – A Comprehensive Overview That Applies to Any State

If you provided labor, materials, equipment, professional services or just about anything else to a construction project, you may be entitled to file a mechanics lien against the property to secure payment for your services. On private construction projects, the mechanics lien attaches to the land itself, and restricts the owner from selling, refinancing or […]

Read full story Comments { 7 }

Don’t Exaggerate Your Mechanic Lien Claim

Vincent Pallaci’s New York Construction Law Update blog called our attention to a recent New York Supreme Court case in New York, Remodeling Construction Services v. Minter.   The case presents a common circumstance for home builders. On a residential construction project, a homeowner would pay their contractor over progress payments, with each draw being […]

Read full story Comments { 6 }

Most Common Mechanic Lien Mistakes

Through the years on the Construction Lien Blog, we’ve published a lot of blog posts about errors folks make with the mechanic lien process.   There’s even a tag for it on our blog, the Lien Errors tag.   Click on that, and you’ll see discussion on the many things that can go wrong. It’s been a […]

Read full story Comments { 0 }

You May Only Get One Shot To File Your Mechanics Lien

In the past, we’ve posted about the importance of filing your lien timely and correctly.   Just a small defect in the legal property description, or the omission of something in the contents of the lien can render your lien null and void. As soon as a lien claimant has their lien challenged as improper, the […]

Read full story Comments { 0 }