Article · Real Estate
Mechanic's Liens and the Right to Get Paid for Work Performed
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-02-11
- Topic
- Real Estate
A mechanic's lien is the most powerful and least understood remedy in construction law: a statutory security interest that lets a plumber, a drywall subcontractor, or a lumber supplier attach the owner's real estate for the value of work absorbed into it, even when the owner already paid someone else. This article explains where the remedy came from, who may claim it, and why it is governed entirely by fifty separate state statutes with unforgiving deadlines and no federal counterpart. It walks the lifecycle of a lien claim from preliminary notice through recording, foreclosure, and payoff, and explains the parallel systems that take over when liens are unavailable: Miller Act and Little Miller Act payment bonds on public projects, stop payment notices, prompt payment acts, and retainage statutes. It shows how lien waivers, pay-if-paid clauses, and contractor licensing statutes can destroy an otherwise valid claim, and how owners defeat or discharge liens by bonding around them. Worked examples follow a fictional subcontractor through a payment failure on a mid-rise project. Educational, not legal advice; lien deadlines are jurisdictional and rarely forgiving.
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