Mechanic's Liens

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Payment disputes on construction projects are often coupled with mechanic’s lien issues. While liens can be an effective tool for contractors and design professionals to ensure proper payment, they can also lead to increased legal and project cost for Project owners. Dickinson Wright attorneys have experience in all areas related to mechanic’s lien law and have defended against or prosecuted lien claims on all types of construction projects, representing owners, architects, engineers, contractors, subcontractors, as well as material suppliers. Our attorneys know that quick and efficient resolution of payment claims is paramount to all parties involved, regardless of which side we represent. However, if necessary, our attorneys are prepared to vigorously defend or prosecute lien foreclosure claims on behalf of our clients.

Preparing and serving accurate lien documents is essential to the successful enforcement of lien rights. We have recorded and litigated mechanic’s lien cases in jurisdictions across the country and understand the nuances that exist from state to state. We assist our clients in timely preparing, filing, and serving mechanic’s lien documentation, and work directly with the business units involved to achieve quick resolution of claims.

We also assist construction companies, developers, and property owners in the discharge of liens that can disrupt or delay projects and financing. We are familiar with the various state laws governing the rights of lien claimants on both commercial and private property. As a result, we assist our Project owner clients in both dispute resolution as well as contract preparation specifically to address lien issues and to avoid disputes before they arise.

Representative Experience:

Our construction lawyers have handled numerous construction disputes involving unpaid contractors, subcontractors, and suppliers. We pursue mechanics lien claims, and well as other related mechanics lien issues such as lien priority, broken priorities, equitable subrogation, lien releases and waivers, discharge bonds, payment bonds, stop notices, prompt pay penalties and other equitable remedies when mechanic liens are not available.

Representation of a commercial tenant on lien claims, at trial and appellate court, against landlord for costs of tenant improvements.

Representation of a luxury condominium developer in defense of liens asserted by general subcontractor and numerous subcontractors, including negotiating with title insurer to allow sales to continue. A resolution favorable to the client was achieved.

Representation of a national general contractor in the assertion of a lien on a charter school that involved a private-public partnership.

Representation of a national general contractor in the assertion of a lien on a large mixed use commercial development.

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