General contractors, subcontractors and suppliers who have worked or provided materials on a construction project can file a mechanic’s lien in the real property records for the county where a construction project is located in the event they are not timely paid. The lien provides judicial notice that a contractor, subcontractor or supplier has not been paid for work performed or materials supplied to the project.
If the lien is not paid, the lien claimant may foreclose the lien and have the property sold if the owner did not withhold retainage to pay the lien claimant for the services or materials supplied to the project.
Webb & Webb attorneys have substantial experience perfecting mechanic’s liens and have recovered payment on behalf of clients in dozens of situations.
Perfection of a mechanic’s lien is a complicated process requiring different notices depending upon the facts of each case. Our attorneys can assist you in making sure your lien rights are protected and liens are properly filed.
Depending upon whether you are a subcontractor or supplier, perfection of a mechanic’s lien may require that up to two notices be served on the general contactor, owner and/or party who ordered the services. The first notice must usually be mailed by certified mail no later than the fifteenth day of the second month after the work was performed or the materials were provided. The second notice must be mailed by certified mail no later than the fifteenth day of the third month after the work was performed or the materials were provided. Specific statutory language must be included in the lien claim notices in order to properly perfect the lien. Furthermore, separate lien notices must be served for each month the work was performed or the materials were delivered.
For more information or to speak with an experienced attorney contact Webb & Webb, P.C.