Contractors » Construction Liens Legal Questions & Answers


Category: Contractors » Construction Liens
Where do I file a mechanic's lien?

Where do I file a mechanic's lien?

01/03/2007 | Category » Construction Liens  State » NE  #95
Do we need to submit a pre construction lien notice before actually starting to work?

We are a subcontractor on a Tennessee project. Do we need to submit a pre construction lien notice before actually starting to work?

01/09/2007 | Category » Construction Liens  State » TN  #253
What is the Cap for Filing a Claim in Small Claims Court?

I filed a mechanics lien on a house that I had built a room addition on the property for the owner. I had an oral agreement that I would be compensated for my labor at the time of her selling the property. Now she has sent me notice to file suit to collect on the lien. The lie...

01/09/2007 | Category » Construction Liens  State » IL  #268
Can an architect file a mechanic's lien?

Can an architect file a mechanic's lien? If my services were completed in July, am I still able to file? Who delivers the lien? Should an attorney be retained to file such a lien?

01/09/2007 | Category » Construction Liens  State » CT  #294
What do I need to place a lien for services until I get paid?

I did a repaint for a business. I need to be paid. What forms should I use?

01/12/2007 | Category » Construction Liens  State » FL  #379
Is there a statute of limitations on when a contractor can file a property lien?

Is there a statute of limitations on when a contractor can file a property lien against an individual for non-payment of services?

02/01/2007 | Category » Construction Liens  State » TX  #894
Is there a monetary limit on a mechanics or contractors lien?

Is there a monetary limit on a mechanics/contractors lien?

02/01/2007 | Category » Construction Liens  State » CA  #982
Can I still place a lien if the work was done over three years ago?

My question on a mechanics lien. What type of lien do I look for if the work was completed three years ago?

02/01/2007 | Category » Construction Liens  State » NY  #1215
What are the requirements to file a lien as a subcontractor?

Can a subcontractor file a lien even though the property owner's only contract was with the prime contractor and that contract states that prime contractor will supply all labor and material himself? The property owner had no agreement with the subcontractor.

02/08/2007 | Category » Construction Liens  State » MI  #513
Is the homeowner responsible or the renter who hired us for work performed?

A renter contracted us for construction and did not pay. We filed a lien on the property. The homeowner called and said they never contracted us for the work. Are they still responsible for services rendered?

02/08/2007 | Category » Construction Liens  State » CO  #530
What happens when a contractor files a bond against a property that has a construction lien?

If you have a construction lien filed on a property for not paying labor and the contractor files a bond instead of paying the lien, what is the next step?

02/08/2007 | Category » Construction Liens  State » AR  #589

The following are NJ statutes:

2A:44A-3. Lien entitlement for work, services, etc...

I am a licensed plumber and have a contract with a general contracter to do plumbing jobs. I received a down payment to start work. After rough inspection of which I passed, I was to receive a payment of $2100.00. It has now been almost 4 months and the contracter refuses to pay....

06/08/2007 | Category » Construction Liens  State » NJ  #6258
Can a Mechanics PreLien be filed against a subdivision or does it have to be filed on each property?

Can a Mechanics Pre-Lien be filed against a housing subdivision or a "phase" or does it have to be filed on each property?

06/13/2007 | Category » Construction Liens  State » NV  #6400

Sovereign immunity bars creditors from enforcing liens on government property. Unless waived b...

Can a contractor file a lien against a government building for materials ordered by their civilian purchasing company.

09/26/2007 | Category » Construction Liens  State » FL  #9105
Do I Need to Send an Intent to Lien

I am a subcontractor trying to collect $10,000 from a contractor and can't afford an attorney. I am going to record a property lien, but do I need to send an intent to lien for a labor issue?

11/11/2007 | Category » Construction Liens  State » OR  #12047

You may insist on a lien waiver before any work begins. It is often recommended to not make yo...

A contractor is refusing to sign a lien waiver that we discussed in the original agreement. At what point can I insist to get the waiver? Can I hold final payment until he signs the waiver?

11/16/2007 | Category » Construction Liens  State » GA  #12408
How Do I Put A Lien On Someone's Property

I need to find something on Property Liens. How would I do a property lien?

11/25/2008 | Category » Construction Liens  State » LA  #14721
Who do I collect from if the property I am owed for work on is in foreclosure?

If I have placed a construction lien for labor and material not payed at the completion of a job under contract and the bank is attempting to foreclose, do I still have a right to seek payment from the bank or property owner?

01/11/2009 | Category » Construction Liens  State » NM  #14964
What are the requirements to put a construction lien on a property for work not paid on?

Our company did plumbing repair work for an individual home owner for over $650.00. We were given a credit card that was not valid, we were then told the home owner would send a check the following day. That was 6 weeks ago. We have tried to contact them by phone and they do not ...

01/12/2009 | Category » Construction Liens  State » MA  #14974
Is there a way for me to collect my commission even though the company fired me?

I was a salesman for a firm that supplies and installs crown mouldings. I made a large sale for a residence in South Miami. After we started the work, my company let me go (after years of service) and continued the project. I was not paid any commission for either the material or...

01/13/2009 | Category » Construction Liens  State » FL  #14977
How do I obtain a construction lien?

My husband is a contractor who owns his own business. A builder hasn't paid our company in 3 months. He has completed the work for this builder and still hasn't been paid in 3 months. How do we go about putting liens on the work completed?

01/16/2009 | Category » Construction Liens  State » CO  #15009
If we release a lien on a property can we later put a lien on it again if needed?

If we release a lien on a property, can we later put a lien on it again if needed?

01/27/2009 | Category » Construction Liens  State » IL  #15080
How do I collect when a judgement has been entered?

My company received a 'Bond Discharging Mechanic's Lien' (bond # KO 7979058) document, which acknowledges judgment in favor of my company. How do I proceed to collect the money?

01/28/2009 | Category » Construction Liens  State » NY  #15093
Does the contractor with no contract have the right to place a lien on the property for his bill?

I had an electrician install all the wiring, fixtures, etc. in a new construction outbuilding last summer. There was no contract signed or brought forth by the contractor. The final price is almost double the initial bid, but we did add about 25% more work to the job. The contrac...

02/09/2009 | Category » Construction Liens  State » WI  #15199
In the state of Colorado, how long will the Mechanics Lien stay on title?

We filed a Mechanics lien on September 08, 2008 on a property knowing that they had to convert to a permanent mortgage soon (so hopefully they would call us to deal with this out of court). They have received numerous extensions on there construction loan, and so the issue is sti...

02/09/2009 | Category » Construction Liens  State » CO  #15205
Can the Subcontractor put a lien on my property if I have paid the full contract price to builder?

I own property free and clear. We have a contract with a home builder to construct a home on our property. We pay the home builder in full for the services contracted. However, the home builder defaults on his subcontractors. Can the Subcontractor put a lien on my property even t...

02/10/2009 | Category » Construction Liens  State » OH  #15214
Is there a way to amend a mechanics lien or should I file a new lien for the second bill?

My company has a mechanics lien recorded in Colorado. After recording we realized we had another amount to bill. Do we file a second lien for the amount billed? Do we release the first lien and file a second for the total amount owed?

02/11/2009 | Category » Construction Liens  State » TX  #15231
Who is responsible for payment to release the lien?

I am a subcontractor for a kitchen remodeling company. I filed liens against 4 homeowners. If the homeowner has paid the kitchen contractor and the contractor hasn't paid me, will the homeowner still have to pay me to release the lien?

02/20/2009 | Category » Construction Liens  State » MD  #15309
How do I file a lien in Texas for work on property I was not paid for?

We installed voice and data cable at a hotel under construction in DeSoto, Texas. We required 50% down and 50% upon completion. They told us to invoice by Jan 20 and we would get paid Feb 15. We have still not been paid and there is lots of unpaid contractors. Should I file a...

02/20/2009 | Category » Construction Liens  State » TX  #15311
If we sign a 'waiver of lien' form as requested by our client, do we waive our right to file a lien?

We are a contractor. If we sign a 'waiver of lien' form as requested by our client, do we waive our right to file a lien if they don't pay? The lien waiver states 'For and in consideration of the sum of ___ dollars, upon receipt will be acknowledged, the undersigned hereby waiv...

02/23/2009 | Category » Construction Liens  State » GA  #15336
If a subcontractor goes bankrupt, can the subcontractor's-subcontractor file a mechanic's lien?

If a subcontractor goes bankrupt, can the subcontractor's-subcontractor file a mechanic's lien against the owner for the total amount of services rendered even though the general contractor paid the subcontractor almost the total contract price?

03/01/2009 | Category » Construction Liens  State » GA  #15407
Who signs a proof service affidavit when serving a lien notice?

On the form preliminary 20 days notice who have to sign on proof service affidavit?

03/06/2009 | Category » Construction Liens  State » CA  #15473
How do I get rid of a mechanic's lien that is not owed?

How do I get rid of a mechanic's lien that is not owed? Our son contracted to have a bathroom remodeled, and paid $7500 to contractor. Balance according to contractor is $600. Work is not complete and was to be completed 4 weeks ago. Contractor has made promises to finish, but h...

03/10/2009 | Category » Construction Liens  State » OH  #15529
As a subcontractor can I file a mechanic's lien for money owed to me for work completed?

The lenders on this job are distributing progressive payments directly to the owner. The owner is holding moneys from the general contractor, this has been going on practically from the beginnig of the job. I have completed my work. It has been over sixty days now and the owner i...

03/12/2009 | Category » Construction Liens  State » CA  #15592
What is the procedure for filing a construction lien?

We are a wholesale supplier of sheet metal products to mechanical sub contractors who in turn sub contract to a general contractor. We do business in different counties in VA, MD, and WV. I have contacted each county we do business in as to how we should go about filing a lien ag...

03/13/2009 | Category » Construction Liens  State » VA  #15617
How can I ensure that the contractors will pay the subcontractors to avoid construction liens?

I signed a contract with general contractor to do repairs on my house for the amount that the insurance company pays. I'm dealing with all different subcontractors. I'm told that I'll get a detailed written invoice at the end of construction. How do I know that if they dont pay...

03/17/2009 | Category » Construction Liens  State » TX  #15654
Where do I look to see if a mechanics lien was officially filed in the state of Minnesota?

Where do I look to see if a mechanics lien was officially filed in the state of Minnesota?

03/19/2009 | Category » Construction Liens  State » MN  #15689
What is a Notice of Commencement that was found when I tried to refinance my home?

A notice of commencement was recorded 9 months ago for some replacement windows at our house. The job has been completed and paid for and all permits have been finalized. I am seeking to refinance and the title company says they can't release the title due to this Notice of Comme...

03/20/2009 | Category » Construction Liens  State » FL  #15703
What can I do if a contractor files a lien against my property for work that was not done correctly?

What can I do if a contractor files a lien against my property for work that was not done correctly?

03/24/2009 | Category » Construction Liens  State » WI  #15744
Can my company file a lien for cabinets supplied for a residential project going into foreclosure?

We are a material supplier located in Oregon and supplied cabinets to a family member living in Tennessee. The residential project is being abandoned unfinished and will go to the bank in foreclosure within 90 days. Although the cabinets were delivered in June of 2006, some ha...

03/30/2009 | Category » Construction Liens  State » OR  #15818
If the contractor does not pay the subs out of the money paid to him, who is responsible for paying?

I have paid my building contractor in full, If my building contractor does not pay the sub-contractors with the money I have given him, am I responsible to pay the sub-contractors? I have only a contract with building contractor, not the subs.

04/01/2009 | Category » Construction Liens  State » NM  #15834
Where can I find a third party lien release form?

We are a supplier of windows/doors in Va and NC. We supplied windows to a school project in in Statesville, NC to one of our commercial contractors. The contractor has requested a 3rd party lien waiver release proving that we have paid for windows and our supplier will not lien t...

04/01/2009 | Category » Construction Liens  State » VA  #15839
How do I get a lien removed that was placed by the subcontractor since the contractor did not pay?

I had a lien placed against my property by a subcontractor because the contractor did not pay the subcontractor for materials (windows) that were installed on my house. The contractor has since declared bankruptcy. The Illinois law, as I understand from information I found on the...

04/01/2009 | Category » Construction Liens  State » IL  #15844
Can the contractor put a lien on my home if work has finished but I have not paid?

My contractor finished work on my house in Gilbert 6/30/08. She did not send me a final bill until 11/08. She has not justified the bill and I call into question the amount. There was not a contract. I have paid her $18,000. Can she still file a lien against my house?

04/03/2009 | Category » Construction Liens  State » TX  #15868
What options do I have to remove the lien by the subcontractor since the contractor did not pay him?

We had a riding arena built on our property. The job was completed and we paid the contractor in full. It turns out the contractor has now filed for bankruptcy and he did not pay one of his subs in full. Now I have a lien against my property and the sub is asking for the $14,000 ...

04/03/2009 | Category » Construction Liens  State » OR  #15874
Can the subcontractor's place a lien on property if the contractor has already been paid?

If the owner paid the contractor in full, but the contractor fails to pay subcontractors or fails to pay for the materials, can the sub contractors or the store place a lien on the owner and property? The materials were taken from the store by the contractor who had an 'open' ac...

04/07/2009 | Category » Construction Liens  State » CA  #15905
What effect does a waiver of lien have on me hiring another company to complete the unfinished work?

My home owners insurance gave me money to replace my roof and for interior painting. The money was put in an escrow account by my mortgage company.The roof is finished and the contractor has 90% of the available money. The interior painting was not yet executed. After 30 days of ...

04/09/2009 | Category » Construction Liens  State » FL  #15929
What are the requirements to file a lien for work done on a property?

I am a licensed contractor in state of AZ. I last worked on a property March 8, 2009. I provided materials and labor to the property. I did not fill a Pre Lien notice. Can I still file liens on this property?

04/09/2009 | Category » Construction Liens  State » AZ  #15930
How do you file a lien on a common area of a HOA?

We perform work on 'Common Areas' of HOA's. Such as fences around the property, pool houses, boiler rooms, light poles, etc. How do you file a lien on a common area of a HOA?

04/09/2009 | Category » Construction Liens  State » TX  #15934
How can I force the contractor to pay for the goods so that the lien can be releasd?

I hired a contractor to do a bathroom remodel - he was paid in full - he did not pay for goods used. They put a lien on my house. What recourse do I have? I don't think I explained myself clearly. I don't need to know about liens. I need to know what I can do to get the contra...

04/09/2009 | Category » Construction Liens  State » NC  #15941
What are our options to place a lien on a property we worked on if we can not notify the homeowner?

We own a tile installation business and are attempting to collect the balance due on a completed residential project. Calls to the owner are not returned and our invoice has not been paid. On March 18, 2009, we purchased a 'Notice of Unpaid Balance and Right to File Lien form fro...

04/14/2009 | Category » Construction Liens  State » NJ  #16015
What are the requirements to remove a lien against my property?

A lien was filed on Sept. 18th 2008 on my property but no notice was sent to me. I found out about it and was told by the clerk I could file a 'Contest of Lien' which I did last week. But the lien was filed more than 90 days after the last day of any work. Can it be voided and w...

04/15/2009 | Category » Construction Liens  State » FL  #16020
How do I have a lien removed from my property?

What do I need to do when someone files a lien on my property for work and supplies that he claims he has done? I have questioned his work and ask for a new invoice, which would delete the over charges.

04/15/2009 | Category » Construction Liens  State » NC  #16026
What ways can a contractor lose there lien rights?

What ways can a contractor lose there lien rights?

04/24/2009 | Category » Construction Liens  State » FL  #16126
How do I fight the construction lien against my property?

I asked a contractor for a bid and told him what I was expecting for cost per sq ft. He said that was doable. The bid came back at 4 times what we discussed. I think he was deceptive and wanted to take me for what he could. How do I best fight the Mechanics Lien he put on my bui...

04/28/2009 | Category » Construction Liens  State » ALL  #16289
Who would a mechanic's lien be filed with to become legal?

We need to file a mechanic's lien today for a balance due on a 9/08 residential contruction job. Do we need to file it with the court or just the town clerk's office?

04/29/2009 | Category » Construction Liens  State » VT  #16356
What to do if a lien was improperly placed on your property?

A lumber yard had filed a mechanics lien against me for materials used to build a small deck costing $3400.00. This work was done May 2007 by a sub-contractor that was unlicensed . The lumber yard is claiming this was not paid. I recall receiving a preliminary notice by certified...

04/29/2009 | Category » Construction Liens  State » CA  #16382
How do I as the subcontractor get paid by the contractor since I now have a lien?

We are a subcontractor that has put a lien on 2 different commercial properties due to the fact that the contractor has not paid us in full. The contractor has placed a bond on this. What is our next step? Do we file a civil suit? If yes, how do we get this paperwork? Are ther...

05/28/2009 | Category » Construction Liens  State » OH  #16804
Can we put a lien against a business for work not paid for if there was only an oral contract?

We have a building permit on the building to install of a sign for around $30,000. Can we put a lien or intent to lien on this sign without a written contract but with the permit that was issued through the state? The sign has been under construction for a couple of months and th...

06/08/2009 | Category » Construction Liens  State » NV  #16900
Can I File A Lien on Arizona Owner After Giving Contractor A Lien Release?

The general contractor forced me to sign a lien release that was for $407,000. I had only been paid $289,000 (inclusive of the subject payment). I performed an additional $150,000 of work after the date of the release. The owner fired the general contractor from the job. I f...

06/24/2009 | Category » Construction Liens  State » AZ  #17161
Can A Contractor Pay the Supplier Ahead of the Subcontractor With a Joint Checking Agreement?

We are a subcontractor to a contractor doing State of California Road work. The cutoff for pay estimates for Contractor is the 20th of each month. Our suppliers pre liened the job, but they modify their statement periods for us due to the 20th cutoff for Contractor's estimate pe...

07/02/2009 | Category » Construction Liens  State » CA  #17316
What Form Do I Use in Texas to Enforce a Lien?

What form do I use to sue an apartment complex for which I did roof repairs and still owes me $22,400.00? I filed a lien, but now I want to sue (pro se).

07/02/2009 | Category » Construction Liens  State » TX  #17318
Can I Prevent the Sale of Property I Hold A Lien On?

In Rhode Island, can an architect file a lien on a project where he provided professional services?

07/08/2009 | Category » Construction Liens  State » NY  #17387
How Do I Prevent the Sale of Property I Hold a Lien On?

We provided maintenance services on a helicopter for a company who will not pay us. We filed a lien in Blount County and with the FAA in Oklahoma. We just learned the helicopter is up for sale. Is there anything else we can do in the way of repossession, attachment, foreclosure, ...

07/08/2009 | Category » Construction Liens  State » TN  #17388
Can I File a Lien in Nebraska for Unpaid Wiring Work?

I pre-wire a residential construction for cable, telephone, network, stereo, and surround. Customer agreed via email to a proposal on Dec. 8, 2008. Customer was given labor price per hour and material costs. Customer added more work over the course of the project. Customer no...

07/09/2009 | Category » Construction Liens  State » NE  #17406
How Do I Get a Lien Discharged in Oregon?

We paid a licensed contractor for sheetrock, they did not pay the supplier, the supplier filed a lien but has not filed a lawsuit within 120 days to enforce the lien, yet the lien is still on our property, how do we get this removed?

07/27/2009 | Category » Construction Liens  State » OR  #17822
What is the Timeline for Filing A Mechanics Lien in Pennsylvania?

Can an architect file a mechanics lien in Pennsylvania for unpaid fees and if possible, what would be the pertinent timeline for such action?

07/29/2009 | Category » Construction Liens  State » PA  #17855
When Can a Subcontractor in California File a Lien?

iF AN OWNER FAILS TO SEND A CA-020-09 NOTICE OF COMPLETION TO A SUB CONTRACTOR WHO HAS FILED A 20 DAY PRELIM, WHAT RIGHTS DOES THE SUBCONTRACTOR HAVE TO COLLECT MONIES STILL OWED AFTER 30 DAYS PAST THE NOTICE OF COMPLETION WAS FILED?

01/06/2011 | Category » Construction Liens  State » CA  #23947
What Can I Do if my Contractor Doesn't pay the Subcontractors?

We bougt a house in Gainsville GA, while living in FL. We hired a General Contractor to do the work, totalling approx. $70,000. Our realtor recomended him and we saw his work in 2 hmes, includig our realtors.The work was to be completed Sept. 10,2010. When we arrived the work was...

02/06/2011 | Category » Construction Liens  State » GA  #24161
How Do I File a Subcontractor's Lien in Georgia?

as a subcontractor, we provided material,fabricated in FL, delivered to job site in GA, General Contractor is based in FL, working on the jobsite in GA. How do we file a Notice to Owner, what lien laws apply?

06/09/2011 | Category » Construction Liens  State » FL  #24996
Can an Architect Get a Mechanics Lien in Illinois for Drawing Up Plans?

Is there a provision in illinois law for an architect to lien a property for drawings submitted, but for which payment is not received?

07/06/2011 | Category » Construction Liens  State » IL  #25146
Can a Contractor be Charged Criminally for Not Paying His Subs?

Can you be charged criminally as a contractor if you have been paid in full on a contract and the subs haven't been paid and leins are being filed?

07/06/2011 | Category » Construction Liens  State » TX  #25147