How A Mechanics Lien Is A Lot Like Baseball

How A Mechanics Lien Is A Lot Like BaseballThe MLB is rounding up its All Star Week in Kansas City, and I’m a bit of a baseball fan.  I attended a Seattle Mariners game at Safeco Field recently (photo above), and that got me thinking a lot of about the similarities between baseball and mechanics lien strategies and policies.  Yes, really.

There are 162 games in a baseball season, and players may get upwards of 500 at-bats each year. Each team will record at least 4,374 outs before the post-season, and pitch more than 14,000 pitches. These teams play almost every single day. Another pitch, another swing, another out, another win or loss…

What could this possibly have to do with mechanics liens?  The answer is discipline.

Discipline separates the winning teams from the losing teams every year. Even the worst team in baseball is going to win 60 games.  Even the best team in baseball is going to lose 60 games.  The difference between good and bad teams is what they do with those remaining 40 games, and that’s where the discipline comes it.

In the mechanics lien context, the same thing is required for companies to use the lien laws to protect their receivables and avoid bad debt.

A few years ago I wrote a blog post titled “Filing A Lien Is A Discipline, and Not A Knee-Jerk Reaction.”  Too often, companies only think about the mechanics lien or bond claim process when they are owed money and its time to put out a fire. Filing a lien is more than firing off a form document when facing a non-paying project, however. You must get the lien filed in time, you must have the necessary information on hand, and most importantly, you must have sent your required preliminary notices or notices of intent to lien.

Like any good baseball team, if you want your accounting department to have the powerful lien laws on its side, you need a disciplined department where the intracies of lien compliance permeates through all of your procedures.  In other words, you need a Lien Policy.

 

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How A Mechanics Lien Is A Lot Like Baseball
How A Mechanics Lien Is A Lot Like Baseball
How A Mechanics Lien Is A Lot Like Baseball
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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
  • Karen W.

    I performed work for a person and billed them in December. Then they got cancer so I did not push them for payment. With their cabin in the Colorado mountains made inaccessible by snowfall the next three months, can I still place a lien on the property? The agreement was, that I would be paid in the Spring when I could get up there to finish the project. Sadly, they are enjoying the benefits of the work I did, but I have not been paid even after repeated requests for payment.

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

      Karen, thanks for visiting our site and for your comment. This is a very unique situation and whether you still have the right to file the lien will depend on some facts. It is probably best to pose this question to a Colorado attorney to get specific legal advice. Check out http://www.avvo.com, where you can ask your question to CO attorneys at no charge. As far as general information about your situation goes, to file a lien in Colorado you must (i) send a notice of intent to lien 30 days before filing; and (ii) file the lien within 4 months of last furnishing labor or materials to the project. You can check out a summary of these Colorado mechanics lien requirements here: Colorado Mechanics Lien Requirements

      The important issue for you is likely when you last furnished labor or materials. It sounds like you last furnished in December, but your comment also makes mention of work you performed possibly in Spring. If you were just promised payment in the future and hope that this extends your deadlines, you can reference this article: Promises to Pay Mean Squat To Your Mechanics Lien Deadlines.

      Good luck.