Mechanic's Liens

Construction project payment disputes are often complicated by mechanic’s lien issues. On the one hand, liens can be an effective tool to ensure payment when due; on the other, they can be strategically used  to create issues that are expensive to resolve, potentially causing project delay and increased project costs. Timely and cost effective resolution of lien disputes is critical to keep projects on budget and on schedule. Our attorneys have filed, prosecuted, and defended lien claims on behalf of owners, architects, engineers, contractors, subcontractors, and material suppliers throughout the United States. Our extensive experience in mechanic’s lien law enables us to work promptly and efficiently.

Preparing and serving accurate lien documents is critical to the successful enforcement of lien rights. We assist our clients in timely preparing, serving, and recording liens and work directly with the business units involved to achieve quick resolution of payment claims. We also assist construction companies, developers, and property owners in timely responding to lien claims so that claims do not disrupt or delay a project or impair financing.

Sometimes, litigation is the only way to resolve lien disputes. Our attorneys have litigated mechanic’s lien cases across the country and are familiar with the nuances that exist from state to state, such as issues involving lien priority, broken priority, multiple lien claimants, equitable subrogation, lien release and waiver, discharge bonds, payment bonds, stop notices, prompt pay penalties, and other equitable remedies when mechanic’s liens are not available.

Core Services

• Lien Documentation Preparation and Review

• Recording and Service

• Prosecution and Defense of Lien Foreclosure Actions

Representative Experience

Represented commercial tenant on lien claims, at trial and appellate court, against a landlord for the cost of tenant improvements.

Represented a national general contractor in the assertion of a lien on a charter school that involved a private-public partnership.

Represented a luxury condominium developer in defending liens asserted by a general contractor and numerous subcontractors, including negotiating with title insurer to allow sales to continue.

Represented a national general contractor in the assertion of a lien on a large mixed-use commercial development.

Prepared an implemented mechanic’s lien guides for many states in connection with our construction contracting work for a major international corporation.