The multiple issues involved in the world of properly drafting and filing mechanic's liens, as well as discharging and removing them and the negotiation of the resolution of liens or the foreclosure of mechanics’ liens can be among the most complex in construction litigation.
Contractors or subcontractors will file a lien against a property based on a dispute, usually the withholding of payment. When the time comes for the owner to move onto the next phase of construction or to sell or refinance the property, it will have to come to the table to resolve the issue with the contractor or subcontractor to discharge the lien, because a lien is a cloud on the title of the property, acting as a judgment. If an owner wants to refinance or sell the property, the title company will often times require the seller to escrow one and a half times the face amount of the lien.
Filing and discharging liens properly can be a complex process that requires attention to detail and a comprehensive legal knowledge of filing deadlines and legal procedure. When the stakes are this high, seeking out a dedicated and experienced construction law attorney is the best way to achieve a best possible resolution.
We understand that in this economy, every dollar is carefully accounted for. With our deep understanding of the lien law and more than 41 years of experience, we're able to help owners understand if a lien is legitimate, to help contractors understand if they should file a lien and ensure filed liens will not be discharged based upon a legal technicality.
If you are considering filing a lien, it's important to do so quickly because lien holders will generally be paid in chronological order based upon the date of filing. Thus, there's a priority to the order of payment to lien holders, upon a foreclosure sale. When we represent contractors we're able to efficiently undertake the process to ensure the timeliness of filing.
Regardless of your issue, we're ready to make our knowledge and experience to help work toward ideal outcomes.