FAQ: What Work Qualifies Me To File A Mechanic’s Lien?

By on May 18, 2011

Short Answer: The law varies from state-to-state on this point. The law is virtually identical in every state if you are supplying materials or providing labor to construct, repair, renovate or improve some type of building; in these circumstances, you can file a lien. However, when you are providing professional services (architect, engineer, interior design, landscaping), working on non-buildings (clearing areas, under-ground work), or leasing construction equipment, the answer can be more tricky.

Long Answer: When examining whether certain work qualifies for mechanic lien protection, it’s useful to look at the underlying purpose for mechanic lien laws. A few months ago, we wrote a post about the History of the Mechanic’s Lien, and it’s actually relevant to this discussion. If you know why mechanic lien laws exist, you should be able to apply this purpose to the work you are performing, and make a snap judgment about your lien rights (although, admittedly, the laws can be quirky and this doesn’t always work).

It’s impossible to address every work-type and every state’s laws in a short blog post like this one. However, we can provide some resources when these general questions have been addressed on our blog and on other construction law and lien blogs:

– Equipment Lessors Can Now File Liens in Mississippi

– Who Can and Cannot File Liens in Florida Addressed by Recent Case

– Architects and Engineers Can File Liens in Massachusetts

– Who Can File Liens in Wisconsin?

– Mechanic Lien Attaches to “Clearing” and “Grubbing” in Minnesota

If you’re performing a maybe work-type where the law varies from state-to-state, you may need to consult with an attorney to figure out whether you have the right to file a lien. Since lien periods can come and go so quickly, you want to get this question answered as quickly as possible.

Some resources that may help include Avvo.com, which is a lawyer directory where you can ask construction attorneys your legal questions for free, or the Lien Law page on Zlien’s website, which has lien law details about each state.

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About Scott Wolfe Jr

Scott Wolfe Jr. is the CEO of Zlien, a company that provides software and services to help building material supply and construction companies reduce their credit risk and default receivables through the management of mechanics lien and bond claim compliance. He is also the founding author of the Lien Blog, a leading online publication about liens, security instruments and getting paid on every account. Scott is a licensed attorney in six states with extensive experience in corporate credit management and collections law, with a specific emphasis on utilizing mechanic liens, UCC filings and other security instruments to protect and manage receivables. You can connect with him via Twitter, LinkedIn and Google+.Read Scott's Biography Post Here
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  • http://sbagleycih@gmail.com Stuart Bagley

    My lien was rejected by the clerk in New York State. I was to do testing on a building undergoing renovation. The renovation will require the testing before it can be occupied. The clerk said testing isn’t included under the lien laws of New York. It was part and parcel to the construction activity.
    Why didn’t your staff know this BEFORE I filed so I didn’t waste $330?

    • http://www.zlien.com Scott Wolfe Jr

      Hi Stuart – We’ve very sorry to hear about this situation. County recorders can be very frustrating and sometimes rejects liens that have merit, even though they are not authorized to do so. As far as Zlien is concerned, we do not render legal advice, and therefore, the service does not inform you about whether you do or do not have a right to file the mechanics lien. Funny enough, neither does the county recorder in New York. In essence, by rejecting your document for this reason, they made an unauthorized legal decision and they gave you legal advice (that your work is not lienable).

      This is a problem encountered by claimants (although it is fairly infrequent). I was inspired to write a blog post about this problem with county recorders just this morning, in part inspired by pending legislation in New York and in other part inspired by your situation. You can read it here: Should Recorders Ever Be Authorized To Reject A Lien Filing?

      Please contact our offices and ask Gretchen to re-send your lien to the NY office with a copy of this article. We are unable to guarantee or advise you as to your rights against the recorder, or whether you do have the right to file the mechanics lien at all. Again, this is legal advice that you need to consult with an attorney about.

      Notwithstanding this, the recorder is obligated to record your mechanics lien claim. We cannot force them to do so – but we can try to resend it for you with some information to help the recorder think about its behavior and perhaps change it. Whether the lien will be ultimately valid, again, is something you’d have to determine on your own. We do have a copy of the NY Mechanics Lien Statute on our website.

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