Perhaps you are a building contractor who finished your work on a condominium project but have not received final payment.
How do you file a mechanic’s lien and what happens next?
About mechanic’s liens
The goal of filing a mechanic’s lien is to recover payment for labor and materials owed to suppliers, contractors or subcontractors. Depending on the type of construction project involved, filing must take place within 60 to 120 days from the last date on which the claimant provided the labor or materials. For example, filing must take place within 60 days for a condominium project.
Requirements for filing
To place a lien on the project, the filing of an affidavit for a mechanic’s lien must include:
- A description of the subject property
- The amount due
- The name and address of the person to whom the claimant provided labor or materials
- The name and address of the property owner
- The name and address of the claimant
- First and last dates on which the claimant provided labor or materials
The claimant must file the lien in the county recorder’s office where the project is located.
Serving the affidavit
Within 30 days after filing with the county recorder, the claimant must serve the lien on the property owner. The claimant can use any service that includes written verification of receipt, such as certified or overnight mail, or hand delivery by the sheriff. If service fails within a 30-day period, the claimant can also post a copy of the lien in a conspicuous place at the job site.
Collections and more
As a building contractor, you can rely on legal guidance to ensure that you make no legal missteps in filing a mechanic’s lien. Your attorney can also assist by collecting on liens and filing a foreclosure lawsuit if necessary.