For contractors and subcontractors, disputes can arise regarding the payment for labor and materials provided on a commercial or residential construction product. Mechanic’s liens are a way for construction professionals and suppliers to secure payment for services rendered and materials provided.
This process hinges on an attorney’s ability to navigate the technical issues that may arise during a lien and foreclosure process. When successful, the enforcement of mechanic’s liens can be an extremely efficient way to collect past due debts.
The process of collecting on a mechanic’s lien is complex but similar to that of an action to foreclose on a mortgage. It is important to understand that the success of a mechanic’s lien often depends upon the adherence to stringent time frames and legal requirements.
One of the most crucial aspects of filing a mechanic’s lien is notice. You must give proper notice to the party subject to the pending lien for it to be valid. Failing to abide by these specific requirements may result in a loss of the right to pursue a mechanic’s lien.
An Equitable Remedy
A mechanic’s lien is an equitable remedy, whose amount may increase or decrease depending upon the court’s findings. Many factors go into the court’s determination of whether the amount of a mechanic’s lien is appropriate. One factor that can be particularly complex is whether a contractor must first pay off all subcontractors before receiving any compensation for services performed.
At the law firm of Blustein, Shapiro, Frank & Barone, LLP, our attorneys will work with you and the court to get you the maximum amount of compensation possible for a mechanic’s lien. We will investigate all the facts of your dispute and convey them in a light that is most favorable to your plight.