Enter to open, tab to navigate, enter to select
Mechanic's Lien Toolkit (National and Select States)
Practical Law Toolkit w-022-6071 (Approx. 27 pages)
Mechanic's Lien Toolkit (National and Select States)
by Practical Law Real Estate
| Maintained • ExpandArizona, California, Colorado...Connecticut, District of Columbia, Florida, Georgia, Illinois, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Ohio, Oregon, Pennsylvania, Texas, USA (National/Federal), Virginia, Washington |
A collection of resources to assist parties on a construction project in understanding and effectively creating, perfecting, enforcing, and discharging mechanic's liens used to secure payment for the value of labor and materials used to improve privately owned real property. Mechanic's liens are also known as construction, contractor, materialman, or supplier liens.
Contractors, subcontractors, laborers, suppliers, and design professionals (claimants) have several options available to secure payment for improvements made to privately owned real property. In many states, the most common option is a mechanic's lien (also known as a construction, materialman, or supplier lien). Mechanic's liens provide protection and ensure payment to a person or entity that provides labor, services, goods, or materials for the improvement of real property.
Specific state requirements vary in:
- Parties allowed to file a lien.
- Property interests subject to a lien.
- Filing, recording, and service of specific pre-lien notices.
- Amounts allowed to be included in the lien.
- Information required in the content of the lien.
- Amendments to the lien.
- Duration, enforcement, priority, and removal of the lien.
Counsel must carefully review all requirements of a particular state's statutory scheme to properly preserve and enforce party rights under the lien.
The resources include national and state-specific resources to assist counsel for parties to:
- Understand the process and procedure for creating, perfecting, enforcing, and discharging valid mechanic's liens.
- Understand the deadlines for each step of the mechanic's lien process.
- Draft, record, and serve effective lien documents.
- Understand available defenses to mechanic's liens.