A mechanic’s lien is a complex legal remedy that serves as an important safety net for architects, engineers, material suppliers as well as contractors. This legal tool helps to better ensure the property owner pays for the work they complete and the materials that they provide. At Law Offices of Alan M. Cohen & Associates LLC, we help contractors and business owners prepare and file their mechanic’s lien claims to help you get paid..
Unfortunately, there are certain actions that can decrease the chances of getting paid through use of a mechanic’s lien. A failure to timely follow proper protocol can make the difference between having legal recourse to make a claim or having a mechanic’s lien fail. Three common mistakes to avoid include errors with:
- Notice. In many cases the law requires those moving forward with a mechanic’s lien have a written contract with the property owner. This can help satisfy the pre-lien notice requirement. A contract does not have to be a single piece of paper or electronic document, although that certainly is cleaner. It can be any series of written documents which when read together form a written contract. Without a written contract, a mechanic’s lien is unlikely to move forward. The importance of timing was discussed in more detail in a previous post, available here. Without following the steps for notice, you are unlikely to successfully perfect the mechanic’s lien.
- Perfection. This refers to the steps required to attach the lien to the property. The steps can require recording the lien and serving notice to the owners under c, 254 Section 4. This basically means the lien is now attached to the property.
- Warrant of Sale. This is the final step, the enforcement of the lien. Those looking to move forward with a mechanic’s lien often fail to follow the steps at this phase. One common mistake at this stage is to file in the wrong court.
Avoiding these mistakes can help to better ensure you get the payment owed by the debtor. The experienced commercial collections attorneys at Law Office of Alan M. Cohen LLC can provide assistance to make sure you avoid these common mistakes and effectively enforce your mechanic’s lien. To schedule an appointment, please call our office at 508-763-6604 or send an online message today.