New Feature: Frequently Asked Questions about Mechanic Liens, Construction Notices & Bond Claims

It’s hard to believe that we’ve been writing posts here on the Construction Lien Blog since 2007.

I’ve recently taken an inventory of the posts here over the years, and I’m quite proud of the balance. Sometimes, the posts are quite simple and address general mechanic lien and preliminary notice issues. Other times, the posts get detailed, addressing nuances in mechanic lien laws or complicated cases that affect lien rights.

However, if there is one area of failure, we’ve done a pretty poor job of answering frequently asked questions about lien and bond laws. While this is not a high priority for our attorney readers who know much of the basics, it is something that is helpful to the suppliers and contractors who check in here.

So, starting this week, we’re going to launch a new feature on the site that specifically addresses Frequently Asked Questions about mechanic liens, preliminary and construction notices, payment and performance bonds, and other issues that directly affect mechanic lien law rights.

We’ve added a Category to organize these posts:  FAQs.

If you have a question y0u’d like answered, post it as a comment to this post (or any other FAQ post) and we’ll put it on the list to address. Or, you can email me at scott@zlien.com.

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
  • Judy

    I had a Mechanics Lien filed on my property by a termite company that basically ruined much of the structure of my house and personal property. They continue to deny that they brought moisture into my home and damaged it with their “state of the art” heat treatment Yet I have pictures of the damage. They sent a handyman here to glue some of the furniture that dried out and caulk some of the boards they damaged. They filed a standard date of completion as 10/6/2012. They filed the Lien on my property 1/22/13. That is outside the appropriate time period. I have asked them to remove the lien but have not heard from them. I do not have money to get a lawyer. What can I do?.

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

      Hi Judy – Thank you for visiting and for your comment. Unfortunately, there is no magic wand here to help with this situation. I’m not sure what state you are in or any of the details, and therefore, cannot really comment on your particular situation. Plus, we give general helpful resources and information on this blog and not specific legal advice. I do have some general thoughts for you:

      1) Waiting sometimes works. Lien claims in all states expire after a certain period of time. In California, for example, they expire after 90 days. That’s very quick, and if you just wait out that period, the lien will die on its own. It will still be on your title and worth removing, but that is a much easier task than outright challenging the lien.

      2) You can pose a question to attorneys and get some free legal advice from Avvo.com.

      3) We have an article that may help you: How to Remove A Frivolous Mechanics Lien

      4) Finally, if you are in California, there is a GREAT resource published for individuals by the Sacramento Public Law Library. This resource contains step-by-step instructions on how to ask the court to remove a mechanics lien. Someone could use these resources to represent themselves in court. Here it is: Petitioning for Release of Mechanics’ Lien.