What is a Mechanic's Lien?

A mechanic's lien is a security interest in the title to property for the benefit of those who have supplied labor or materials that improve the property. 

Every state has its own statutes and guidelines governing mechanic's liens, and these can vary significantly. Additionally, the specific facts and circumstances of each construction company's situation can affect the application and enforcement of these laws. Before we can provide a legal opinion, we require a completed Project Intake Form.

To ensure you are eligible for a Mechanic's Lien, there are several critical factors to consider:

1. Nature of the Work Performed: Confirm that the work or materials provided fall under the category that is eligible for a mechanic's lien in your state. Typically, this includes construction, repairs, or improvements to a property, but specifics can vary.
2. Proof of Service or Materials Provided: Have clear, documented evidence of the work performed or materials supplied. This may include contracts, invoices, receipts, or correspondence between you and the property owner.
3. Relationship with the Property Owner: Understand your direct contractual relationship with the property owner. In some states, subcontractors or suppliers who do not have a direct contract with the owner might have different requirements for filing a lien. In certain states, suppliers to suppliers are not eligible to file a mechanic's lien.
4. Licensing: Verify that you have the appropriate licenses required for the work performed, if applicable. In some states, unlicensed contractors or subcontractors are not eligible to file a mechanic's lien.
5. Timing: Check the specific time frames within which you must act to preserve your lien rights. This includes deadlines for providing preliminary notice (if required), filing the lien, and pursuing enforcement of the lien through legal action.
6. Property Type: Ensure the property type is eligible for a mechanic's lien. While most liens are filed against private properties, there are different rules for public projects and certain types of properties.
7. Notice Requirements: Besides a Notice to Owner or Preliminary Notice, check if there are additional notice requirements you must fulfill before filing the lien, such as a notice of intent to lien, which serves as a final warning to the property owner.
8. Filing Procedures: Adhere strictly to the state-specific procedures for filing a mechanic's lien, which include where to file, what information must be included, and how to serve the notice to the property owner.

By carefully considering these factors and ensuring compliance with all relevant laws and regulations, you can better ensure your eligibility for obtaining a Mechanic's Lien.