Payments & Liens

Mechanic's Lien

A legal claim filed against a property by a contractor, sub, or supplier when payment is not received as agreed.

A mechanic's lien is a statutory legal claim that a contractor, subcontractor, or supplier can file against a property they have improved when payment is not received under the terms of their contract. The lien attaches to the property's title and can prevent sale or refinancing until resolved. In most jurisdictions, an unresolved lien can ultimately lead to a forced sale of the property to satisfy the debt.

Lien rights and procedures vary significantly by state. Most states require a preliminary notice (often called a Notice to Owner or NTO) within a specific window of starting work, followed by a notice of intent to lien before the actual filing, and then the lien itself within another deadline. Missing any of these deadlines can extinguish the lien rights entirely. Lien waivers (signed in exchange for payment) are the standard mechanism for clearing lien rights as a project progresses.

Frequently asked questions

What is a mechanic's lien?+

A mechanic's lien is a legal claim filed by a contractor, sub, or supplier against a property they improved when payment is not received as agreed. The lien attaches to property title and can block sale or refinancing.

How do I file a mechanic's lien?+

Procedures vary by state. Generally: (1) file preliminary notice within the state-specified window of starting work, (2) issue notice of intent to lien if payment is not received, (3) file the lien itself within the state deadline. Missing deadlines extinguishes lien rights. Consult a construction attorney for state-specific procedure.

How do owners protect against mechanic's liens?+

Require conditional lien waivers with every progress payment and unconditional final waivers at project completion. Verify subs and suppliers receive payment from the GC. Title companies often require lien waivers before disbursing closing funds on financed projects.

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