When a client provides goods or services for the improvement of real estate, the client is entitled to file a mechanic's lien on the property in order to ensure that the property will not get sold or transferred without the client getting paid. There are basically three types of liens that can be filed and each have different time constraints. The most common is that which is filed against a one or two family home for a contractor or supplier, either a general contractor or sub-contractor. In these cases, it is imperative that the lien be filed within four months from the date of last work or the date that the last material was delivered to the job site.
The next most common type of lien is where the property involved is either a subdivision or a commercial property. In those instances the supplier or contractor has eight months to file the lien.
The third type of lien is a public improvement lien which must be filed within thirty days after the job is "accepted" by the public entity, whether it be the State, County, City, Village, Town, School District, etc.
Each of these liens must be carefully prepared and filed timely. In addition, the legal description of the property, the contract number of the municipality and other requirements need to be addressed in order to make sure that the lien is a valid lien.
Lacy Katzen LLP prides itself on getting the liens filed in a professional and timely manner and following up with both the client and the owner of the property or contractor to make sure that they were notified of the lien.
There are many pitfalls which exist for those filing liens and the services of an experienced and efficient law firm, such as Lacy Katzen LLP, are necessary to make sure that our clients' rights are protected. A mechanic's lien can improve the likelihood that the wherewithal for payment continues in existence while one tries to establish entitlement to payment.