Construction Litigation
Construction Remedies and Security
Statutory liens attach to improved property in favor of contractors, subcontractors, and suppliers. Perfection requires strict compliance with notice, filing, and foreclosure deadlines that vary substantially by state.
Deadlines are typically short and jurisdictional.
Alternative Names:
Mechanic's Lien, Construction Lien
Why it Matters?
Strict compliance is the governing principle, and courts void liens for defects in the preliminary notice, the recorded claim, or the foreclosure filing regardless of the underlying debt's validity. Deadlines run from last furnishing or completion depending on the state and are measured in months. For owners, examining perfection before paying is worthwhile because defective liens are common and unenforceable.
Frequently Confused with
Related terms
Frequently asked questions
Why do mechanics liens fail?
Should owners examine perfection before paying?
