Mechanic’s liens: short deadlines, serious consequences
A contractor who follows the statute takes a lien on the property. One who misses a deadline usually loses the right entirely.
Esshaki Legal Media TeamCurrent as of December 2024
A mechanic’s lien secures payment for labor or materials supplied to improve
real property, by attaching to the property itself. It is powerful, statutory and
unforgiving.
The deadlines are short and strict. Statutes typically require a preliminary
notice within days or weeks of first furnishing, recording of the lien within a
set period after completion, and commencement of suit within a further period —
often a year or less. Each step has its own clock, and missing one generally ends
the right rather than merely delaying it.
The formalities are also strict. Contents, verification, service on the
owner, and recording in the correct county are all specified. Because the remedy
is extraordinary — a private party encumbering someone else’s real estate —
courts in many states require close compliance.
For owners, the exposure is that unpaid subcontractors can lien the property
even where the general contractor has been paid in full. The defenses are
procedural: lien waivers collected against each payment, joint checks, and
requiring sworn statements identifying everyone furnishing work.
For contractors, the practical advice is to calendar the dates at the start
of the job, not at the point of non-payment — by then at least one deadline has
usually passed.