Protecting Lien Rights - When to Consult an Attorney
As a contractor or construction company, you may have certain rights regarding property liens. This is designed to ensure that you get paid for your work and that people cannot shirk their debts. However, it's a confusing topic with a lot of gray areas, which often makes it difficult for people to navigate.
Make Sure You Have Rights
Some professionals will advise using a Notice of Intent or threatening a lien as a way to
get paid, even if you don't have those rights. Bluffing, however, is never a good
business practice. It might get you paid, but what if it doesn't? Then you're left trying to
figure out how to proceed because the customer has called your bluff and you're still not
If you're not sure what kind of lien rights you have, it's always a good idea to consult a professional, such as a construction attorney, who can help you better understand contracts, liens, and other financial matters within the industry.
Who Has Lien Rights?
In construction, several people can have the right to place a lien on a property. Most
commonly, the list will include:
* Contractors and subcontractors
* Mortgage lenders
* Material suppliers
* Interior designers
* Engineers and surveyors
Essentially, anyone who has done work on a property as part of a construction project may have lien rights if they are not getting paid. The law was created to help contractors get paid and avoid non-paying clients. This is an industry where there's a lot of room for improvement, but new additions like Florida's construction lien law are making it better, little by little.
Consult an Attorney for the Best Outcome
Although it may be clear that you have lien rights, it's still never a bad idea to consult
with a construction attorney or another expert that can help you navigate the process.
They can confirm who does and doesn't have lien rights, as well as walk you through
the steps to deliver notice and make sure that your clients are paying. They can also
provide a lot of helpful insight and advice on the construction lien process.
On a construction site, there is a hierarchy of professionals involved in the job. Usually, they cannot all claim lien rights on the same invoices. For example, if a contractor places a mechanic's lien for $5,000 in unpaid materials, the material supplier cannot also place a lien. This is where it comes in handy to have a lawyer to sort out all the details.
The Bottom Line - Trust Nationwide Notice, Inc
Consider how Nationwide Notice, Inc. can help you streamline processes like filing a
lien. We prioritize assisting our clients to secure their payments as a self and full-service
notice and lien company. We have a team of dedicated lien experts ready to help you
through the entire lien process. You can learn more about what we do here to see how
we can help. You can also find out what sets Nationwide Notice, Inc. apart from the rest
on this page. Get started with us today and secure your payments.