Construction Law

Liens and Litigation: What You Should Know

The mechanic’s lien is a commonly used legal device that helps contractors, subcontractors, and suppliers get paid. When a project wraps up, you don’t want to be the one left footing the bill, and the mechanic’s lien is designed to give you a way to collect when those in charge of distributing payments fail to meet their obligations. It’s a powerful tool, but one that takes knowledge and experience to use properly — the type of knowledge and experience that you can count on a Nashville mechanic’s lien law attorney to provide.

In this brief article, a Nashville construction lien lawyer from Cotney Attorneys & Consultants will discuss mechanic’s liens and some common misconceptions about how they relate to litigation. Remember, just because you submit a claim doesn’t mean you’re guaranteed to be rewarded. Consult a Nashville mechanic’s lien law attorney to learn how a perfected lien can help you obtain due payment.

Mechanic’s Liens and Lawsuits Are Different…

If an attorney tells you that a mechanic’s lien is the same as a lawsuit, it’s time to work with a  Nashville construction lien lawyer from Cotney Attorneys & Consultants. A mechanic’s lien is a legal remedy, which is different from a lawsuit. The only states where a mechanic’s lien can progress straight into a lawsuit are Delaware, Hawaii, Maryland, and New Hampshire. When you file a mechanic’s lien properly, it establishes your right to various privileges related to the property. The best comparison is a homeowner who takes out a mortgage with their bank. They technically own the property, but if they fail to pay their mortgage, the bank can foreclose on their home.

…But Mechanic’s Liens Can Become Lawsuits

If you decide to have your Nashville mechanic’s lien law attorney file a lien on your behalf, and that lien doesn’t result in compensation for the delinquent payment, the lien can be enforced. This is when the mechanic’s lien becomes a bonafide lawsuit. Generally, the lien process doesn’t have to proceed to this point since the end result is largely cut and dry. This is why it’s best to serve a notice stating your intent to file a lien before proceeding. You can usually avoid a lot of hassle by simply stating your intent and waiting for the other party to make a move. However, if you do file the lien and no action is taken to resolve the dispute, you will want to talk with your Nashville construction lien lawyer about enforcing the lien.

If you would like to speak with a Nashville construction lien lawyer, please contact us today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.