8 Common Myths About Mechanic's Liens

Common myths about mechanic's liens often involve misconceptions about the simplicity of filing, the need for a written contract, and the belief that only unpaid contractors can file a lien.

ARIELA WAGNER

by

Ariela Wagner

Last updated:

Nov 27, 2023

Published:

Nov 27, 2023

WORKER SMILING

Attorney Reviewed

2 Mins

read

Mechanic's liens serve as a crucial safeguard for contractors and suppliers, providing protection against nonpayment for their labor and materials. Despite their significance, these liens are often shrouded in misconceptions that can lead to costly errors.

In this blog, we will debunk some prevalent myths associated with mechanic's liens, an help you understand this payment tool better. Read on!

Myth #1: Any Contractor or Supplier can Claim a Lien

Claim a Lien

Contrary to popular belief, only those contributing labor or materials to a real property project are eligible to file a mechanic's lien. While specific requirements vary by state, they typically encompass general contractors, subcontractors, suppliers, and material providers.

Myth #2: You can file a Mechanic's Lien at any time

file a Mechanic's Lien

There exists a time limit for filing a mechanic's lien, varying from state to state but generally falling between 90 and 180 days after the last day of work or material delivery.

Myth #3: You can waive your right to file a Lien in a Contract

file a Lien in a Contract

This is untrue in most states, where attempting to waive the right to file a mechanic's lien through a contract is likely to be deemed unenforceable and, in some cases, illegal.

file a Mechanic's Lien

Myth #4: Filing a lien guarantees Automatic Payment

Filing a lien

Contrary to misconception, filing a mechanic's lien does not assure payment. It grants a legal interest in the property, requiring potential court involvement to foreclose on the lien and facilitate the property's sale to recover the debt.

Myth #5: Mechanic's Liens are expensive and time-consuming to file

Mechanic's Liens

Contrary to popular belief, resources are available to streamline the filing process. Numerous states also offer free or low-cost assistance programs to simplify the mechanic's lien filing procedure.

Myth #6: You can only file a Mechanic's Lien on a house

file a Mechanic's Lien on a house

Mechanic's liens are applicable to various real properties, including commercial buildings, vacant land, and public property.

Myth #7: You need to be a Licensed Contractor to file a Mechanic's Lien

file a Mechanic's Lien

Licensing requirements vary by state, with some necessitating a license for filing, while others allow anyone contributing to a project, regardless of licensing status, to file a lien.

Myth #8: Filing a Mechanic's Lien forces automatic payment from the Property Owner

Filing a Mechanic's Lien

Filing a lien does not guarantee payment; the property owner can contest it in court. If the court deems the lien invalid, collecting the debt becomes challenging.

Protecting Yourself from Nonpayment – Best Practices

If you are a contractor or supplier, take these steps to protect yourself from nonpayment and avoid common mechanic's lien mistakes:

Get everything in writing: Have a signed contract outlining the scope of work, price, and payment terms.

Keep good records: Document all work and expenses, retaining receipts for materials and supplies.

Send timely invoices: Regularly submit invoices, typically monthly, to the property owner.

File a Mechanic's Lien promptly: If unpaid, file a mechanic's lien soon after the project's completion.

Consult with an attorney: Seek guidance from a construction law specialist for any questions or assistance in filing a lien.

Understanding the intricacies of mechanic's liens and filing them correctly is crucial for contractors and suppliers. By dispelling common myths and avoiding pitfalls, the likelihood of receiving payment for work and materials significantly increases.

Have questions? Call us at 800-403-7660 to speak with one of our experts, and stay ahead in managing your construction payments.

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A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

What’s a Rich Text element?

The rich text element allows you to create and format headings, paragraphs, blockquotes, images, and video all in one place instead of having to add and format them individually. Just double-click and easily create content.

Static and dynamic content editing

A rich text element can be used with static or dynamic content. For static content, just drop it into any page and begin editing. For dynamic content, add a rich text field to any collection and then connect a rich text element to that field in the settings panel. Voila!

How to customize formatting for each rich text

Headings, paragraphs, blockquotes, figures, images, and figure captions can all be styled after a class is added to the rich text element using the "When inside of" nested selector system.

About Author

ARIELA WAGNER

Ariela Wagner

Ariela is the president and founder of SunRay Construction Solutions. She has over 17 years of construction industry experience. Read More>

WORKER SMILING

File a Mechanic's Lien in Florida in just 60 Seconds!

File Now

Mechanic's liens serve as a crucial safeguard for contractors and suppliers, providing protection against nonpayment for their labor and materials. Despite their significance, these liens are often shrouded in misconceptions that can lead to costly errors.

In this blog, we will debunk some prevalent myths associated with mechanic's liens, an help you understand this payment tool better. Read on!

Myth #1: Any Contractor or Supplier can Claim a Lien

Claim a Lien

Contrary to popular belief, only those contributing labor or materials to a real property project are eligible to file a mechanic's lien. While specific requirements vary by state, they typically encompass general contractors, subcontractors, suppliers, and material providers.

Myth #2: You can file a Mechanic's Lien at any time

file a Mechanic's Lien

There exists a time limit for filing a mechanic's lien, varying from state to state but generally falling between 90 and 180 days after the last day of work or material delivery.

Myth #3: You can waive your right to file a Lien in a Contract

file a Lien in a Contract

This is untrue in most states, where attempting to waive the right to file a mechanic's lien through a contract is likely to be deemed unenforceable and, in some cases, illegal.

file a Mechanic's Lien

Myth #4: Filing a lien guarantees Automatic Payment

Filing a lien

Contrary to misconception, filing a mechanic's lien does not assure payment. It grants a legal interest in the property, requiring potential court involvement to foreclose on the lien and facilitate the property's sale to recover the debt.

Myth #5: Mechanic's Liens are expensive and time-consuming to file

Mechanic's Liens

Contrary to popular belief, resources are available to streamline the filing process. Numerous states also offer free or low-cost assistance programs to simplify the mechanic's lien filing procedure.

Myth #6: You can only file a Mechanic's Lien on a house

file a Mechanic's Lien on a house

Mechanic's liens are applicable to various real properties, including commercial buildings, vacant land, and public property.

Myth #7: You need to be a Licensed Contractor to file a Mechanic's Lien

file a Mechanic's Lien

Licensing requirements vary by state, with some necessitating a license for filing, while others allow anyone contributing to a project, regardless of licensing status, to file a lien.

Myth #8: Filing a Mechanic's Lien forces automatic payment from the Property Owner

Filing a Mechanic's Lien

Filing a lien does not guarantee payment; the property owner can contest it in court. If the court deems the lien invalid, collecting the debt becomes challenging.

Protecting Yourself from Nonpayment – Best Practices

If you are a contractor or supplier, take these steps to protect yourself from nonpayment and avoid common mechanic's lien mistakes:

Get everything in writing: Have a signed contract outlining the scope of work, price, and payment terms.

Keep good records: Document all work and expenses, retaining receipts for materials and supplies.

Send timely invoices: Regularly submit invoices, typically monthly, to the property owner.

File a Mechanic's Lien promptly: If unpaid, file a mechanic's lien soon after the project's completion.

Consult with an attorney: Seek guidance from a construction law specialist for any questions or assistance in filing a lien.

Understanding the intricacies of mechanic's liens and filing them correctly is crucial for contractors and suppliers. By dispelling common myths and avoiding pitfalls, the likelihood of receiving payment for work and materials significantly increases.

Have questions? Call us at 800-403-7660 to speak with one of our experts, and stay ahead in managing your construction payments.

Disclaimer
THE INFORMATION ON THIS WEBPAGE IS NOT THE SAME AS LEGAL ADVICE. SUNRAY CONSTRUCTION SOLUTIONS, LLC IS NOT AN ATTORNEY OR A LAW FIRM. WE RECOMMEND THAT YOU CONSULT WITH AN ATTORNEY.
Ariela Wagner
Ariela Wagner
Preliminary Notice| SunRay Notice
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