A mechanic's lien is a recorded claim against real property for unpaid labor or materials. It is powerful, and it is unforgiving about deadlines. Miss a notice or a filing window and the claim is gone.
Step 1: The preliminary notice
Many states require a preliminary notice early in the job — often within 20 days of first furnishing labor or materials — sent to the owner, the general contractor, and the construction lender. Serving late usually limits your claim to work performed in the period preceding the notice.
Step 2: Know your deadline
Deadlines run from completion, cessation of work, or the recording of a notice of completion, and they differ for direct contractors versus subcontractors. Common windows range from 60 to 120 days, and a recorded notice of completion often shortens them sharply.
Deadlines are statutory and unforgiving. Confirm your state's window with counsel before you rely on a general timeframe.
Step 3: What the lien must contain
- The claimant's name and address, and license number where required.
- The amount claimed, after all just credits and offsets.
- A description of the labor, services, equipment, or materials furnished.
- The name of the party who hired the claimant.
- The legal description of the property and the record owner's name.
- A verification or affidavit, and a proof of service where required.
Step 4: Record it in the right county
The lien is recorded with the recorder in the county where the property sits, not where your business is located. Get the record owner and legal description from a property search first — a lien against the wrong owner is void.
Step 5: Serve and then enforce
Most states require you to serve the recorded lien on the owner within a short window, then file suit to foreclose within a longer one — commonly 90 days to one year. If you do not sue in time, the lien expires and you may owe fees for refusing to release it.
Releasing the lien
Once paid, record a release or satisfaction referencing the original lien's document number. Failing to release promptly after payment exposes you to penalties in many states.
Frequently asked questions
Where do I record a mechanic's lien?
With the county recorder in the county where the property is located. The recording is what puts the claim on the property's title.
Do I need a preliminary notice before filing a lien?
In many states yes — commonly within 20 days of first furnishing labor or materials. Missing it can limit or eliminate your lien rights.
How do I remove a mechanic's lien after being paid?
Record a release of lien that references the original lien by document number, in the same county where the lien was recorded.
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