Representing Parties In Mechanic's Liens Matters

Mechanic's liens provide parties in a construction or renovation project with a means to secure payment for certain improvement work performed on real property. When payment has been delayed or does not meet the terms of a contract, a contractor, subcontractor, material man or other statutorily authorized entity may be entitled to file a mechanic's lien in an attempt to collect the money owed from the appropriate party — be it an owner, general contractor or subcontractor.

If the debt is not satisfied, a lienor may have the right to file a lawsuit and collect payment by a foreclosure sale of the property. Sometimes, however, a filed lien may not be valid. Sometimes, the party against whom the lien has been filed has a legitimate reason for withholding the payment and a lien dispute will ensue.

With more than 35 years of legal experience in New York City and the surrounding area, my years as a construction litigator, representing developers, owners, contractors, architects, subcontractors, material men and others, provides me with a unique understanding of all facets of this highly technical field. I can provide insights, perspective and solutions to help resolve your situation.

Steps Required For Filing A Mechanic's Lien

A party entitled to file a Notice of Mechanic's Lien relating to a private construction project will file the Notice of Lien in the Office of the County Clerk in which the real property is located.

For lienors, I can advise you from completing and filing the Notice of Mechanic's Lien through bringing a lawsuit or a lien foreclosure action and collection of any monies due.

For owners, I can advise you about defenses to a mechanic's lien, means of vacating the lien and discharging the lien. I can defend lien foreclosure actions, in an attempt to protect your real property.

Both sides are entitled to certain immediate disclosures once a lien is filed. As a property owner or contractor against whom a lien has been filed, you may be entitled to an itemized statement setting forth the basis of the lien. As a lienor and trust beneficiary, you may be entitled to review the financial records of the party from whom you are entitled to receive payment.

As your attorney, I can assist you in exercising these rights, by preparing and serving the necessary documents, and by pursuing your remedies.

How To Avoid Being Subject To A Mechanic's Lien

As an owner, a delinquent general contractor may be the reason subcontractors and suppliers are not getting paid. You may have already paid the general contractor, but that money did not reach a subcontractor or supplier who has now filed a mechanic's lien on your property. And now, someone may be forcing you to pay for the same work or supplies twice in order to avoid foreclosure on your property.

One option you have is to file a lawsuit against the offending party, but pursuing and collecting a court judgment might take more time than you have, even with attorney representation. I can help you understand your rights if a lien is filed against you, help you through a possible foreclosure proceeding and advise you on the possible means available for removing the lien.

Contact An Experienced Lawyer Today About A Construction Lien

Whether you are an owner whose property is subject to a lien, or a lienor who is owed money for services rendered, I can assist you. Call me at 212-986-1441 or toll free at 866-603-7592, or email me to schedule a consultation.