Do I Need an Attorney to File a Construction Lien?

A construction lien is a claim against a property made by a contractor who has supplied materials or labor for work on said property. Construction liens are intended to give builders, contractors, and suppliers, legal recourse to get paid for their work as well as any materials or supplies purchased for a project. Construction liens only apply to property like land, buildings, homes, condos, etc. Every state allows a person who supplies labor or materials for a construction project to claim a lien against the improved property. However, some states differ in their definition of improvements, which is why you should hire a lawyer to help with your particular case.

Filing Your Lien Claim

Requirements for filing construction liens vary from state to state. Most state laws require basic criteria like:

  • Defaulting on contract payments
  • Prior notice to the property owner that a lien is being requested
  • Recording of the lien with a county recorder
  • Requesting a foreclosure action

A Lawyer Can Help You

Handling a construction dispute can be a complex and serious matter. Construction liens involve a number of parties who may qualify as specialists, including the property owner, the general contractor, and other laborers. If you plan to file a construction lien, we strongly recommend hiring qualified legal representation to handle your case. An attorney can help you determine your rights as a contractor and scan your contract for breaches. Our team of attorneys can guide you through the legal technicalities of your case and assist you in seeking payment from the party to whom you provided labor, materials, equipment, or professional services. Let us help you with:

  • Contract advice and drafting
  • Lien advice, preparation, and recording
  • Lien notices, waivers, and releases
  • Lien foreclosure litigation
  • Preparation of demand letters
  • Collection and enforcement of judgment
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