A mechanic’s lien is a valuable tool that can be used by contractors, subcontractors and materials suppliers and design professionals to help secure payment on a construction project. In brief, a mechanic’s lien is a security interest in a piece of real property that is created upon filing a “Notice of Mechanic’s Lien” with the appropriate County Clerk’s Office. Obtaining and enforcing a lien can be complicated and there are strict formalities involved. Sometimes, the mere filing of a lien is enough to secure payment for unpaid sums. However, it is often necessary to commence a lien foreclosure action, which can be a complex and expensive process. Likewise, challenging and removing liens requires intimate knowledge of the intricacies of the Lien Law and specialized legal remedies in this area.

The options available for enforcing and challenging mechanic’s liens will vary depending on the particular factual circumstances at hand. The attorneys at BFKP handle all aspects of mechanic’s liens, including:

  • Preparation, filing and service of mechanic’s liens
  • Mechanic’s lien foreclosure
  • Discharge and bonding of mechanic’s liens
  • Summary proceedings to remove facially defective mechanic’s liens
  • Defense of owners and developers in lien foreclosure actions
  • Claims for willful exaggeration of liens
  • Demands for itemization of mechanic’s liens and related court proceedings
  • Preparation of lien releases and waivers

In the video below BFKP Partner Bradley Pollina provides some additional background on mechanic’s liens, addressing topics such as how to obtain a lien, how to enforce a lien and what some of the options are for challenging a lien.

 

 

If you are a commercial property owner or homeowner involved in a lien dispute, or a contractor, subcontractor or supplier owed payment for work performed on a construction project, contact us today to schedule a consultation with one of our attorneys. We understand that dealing with a mechanic’s lien can be complex and time-consuming and we are here to help.