The 9 Elements of a Valid Claim of Lien
The construction industry is pretty rigid in terms of timely payment of the workers. There are a lot of cases when a contractor or a subcontractor has to face the issue of non-payment by the clients. The same fate is experienced by suppliers most of the time because of the same irregularities. The frustration of not being rightly paid for your deserving work often makes these workers plan to go the legal way. They have the right to lien a property. They can take the help of a legal firm that will help them to file a mechanics lien against the property for which they haven’t been paid. We at mechanics lien have some of the best experts who will be glad to help you seek the right direction and effectively file a lien if you haven’t been paid. The presence of lien law has given much-required safety shied to the construction workers who don’t have to worry about being not paid for their hard work. Once the lien is filed against the property, the owner loses its sole right over it and now the non-paid construction worker recovers the amount either through sale or through other agreement with the owner regarding the property. There are a total of nine elements that are a very integral part of the lien and one must not forget about any of them while they start the process to file a lien.
1) Your name and address
Mentioning the business address is one of the most prior and essential things to write. It very much depends on the person claiming that whether he is in a partnership or is running a corporation. In either of the situation, one has to mention the address of the corporation or else it will be very difficult to file and record a lien.
2) The name and address of your attorney, if you have one
The recent changes in the lien law have allowed individuals to file a lien even if they do not maintain the office within the state where they were working. But what is important in such a case is to mention the name and address of the attorney who resides locally and is hired for the case.
3) The name of the person or entity that owns the property you intend to lien
The name of the person who owns the particular property against which you are planning to file a lien should be mentioned. It will be much more convenient if you mention the clear intentions of the owner which you have assumed since not being paid for the work.
4) The name of the party who employed you or to whom you provided services or materials
So this obligation intends to know the information about the part with whom the contractor initially did the agreement for the work. Naming them on the papers would be very vital and will be considered necessary information.
5) The labor or material you provided and the agreed wage or price
You will have to mention how much material or labor have you provided to date and what were the wages or the price was agreed upon initially as per the agreement.
6) The amount that you were due to receive for the labor and material
This will mention the exact amount you were expecting to receive but since you are not paid yet you are filing a lien.
7) The dates when you first and last supplied labor or material for the construction project
Make sure to mention the exact date for the same.
8) Information about the property that you want to file a lien against
Describe the property you are intending to file a lien against. Make sure to convey precise information.
9) Your verification that all of the information provided in the claimed lien is true
A proper verification process is required to assure all the information provided is true. We at Mechanic Lien would be happy to help you in every step while you prepare to file a lien.