Resources for Filing a Mechanic’s Lien

Photo of author

( — April 16, 2020) — If you have ever completed a construction job and have not been paid, then a mechanic’s lien may be exactly what it is that you are looking for.  When you do file a mechanic’s lien, it is going to essentially be a very effective way to get the attention of whoever it is that has not paid you the money that you are due.  Essentially, it is going to be how you will ensure that you will be paid for all of the work that you have done, as well as one of the best ways that you can protect yourself against anybody who is trying to take advantage of you and the work that you have already completed. 

While there is no denying how effective mechanic’s liens can be in order to make sure that you get paid for the work that you have completed, it is also one of the most confusing things that you will ever need to do.  So the main question that contractors have is going to be, ‘how exactly do you actually file a mechanic’s lien for a construction job?’ 

Filing a Mechanic’s Lien 

While the entire process of filing a mechanic’s, lien is going to be considered a very technical and legal one, that is because they are.  One little mistake or timeline delay and you will have invalidated your entire payment claim, meaning that you are not going to be paid for any of the work that you have already completed on somebody’s construction project.  With that being said, you are going to have to remember that the devil is going to be in the details.  And unfortunately, filing a mechanic’s lien is going to have an extreme amount of details.  On top of that, each state is going to have different requirements when it comes to filing a mechanic’s lien.  What this means, is that you will need to be sure that you look up the process of filing a mechanic’s lien in the particular state that you performed your construction services.  

Can You Even File a Mechanic’s Lien? 

Before you can even think about filing for a mechanic’s lien, you must first find out if you even have a right to do so.  As you can imagine, if you do end up filing a mechanic’s lien and don’t actually have the right to do so, it can create a very expensive legal mess for you, as you will be considered a frivolous lien.  With that being said, just know that there is going to be a lot of room for error. 

 To make sure that you should be filing a mechanic’s lien, first ask yourself these three questions: 

  • Do your materials or your work qualify for lien protection in the state of the project?
  • Were you required to send any type of notice?  If so, did you send that notice?
  • Are you still within your lien deadline

When it comes to a mechanic’s lien, it is going to depend upon the state that you are in.  So be sure that you look up the laws about filing a line in your particular state and you will have nothing to worry about.