I’ve been practicing construction law in New York for more than a decade. For much of that time I’ve dealt with mechanic’s liens and over the years I’ve seen a lot. I’ve filed, challenged and foreclosed upon public improvement liens and private improvement liens in every corner of New York state. From liens to a few thousand to a few million – I’ve done it. There have also been times when clients have chosen not to file a mechanic’s lien. In fact, whether to file a mechanic’s lien or not is one of the most frequent questions that I’m asked. It was even the topic of one of my earliest blog posts (read it here). All of these years later I still hear that question almost every week. Liens have become a vital part of construction. They are one of the most effective tools for recovering payment help assure that those who do the work get paid. Liens are so important to the construction industry in New York that I founded this company, NY Lienmasters, for the sole purpose of preparing and filing mechanic’s liens. Getting paid should be easy. So should filing a lien.
Why should I file a mechanic’s lien?
It only requires a three word answer: to get paid. Its really that simple. If you’ve been paid already, you don’t need to file a mechanic’s lien. If you haven’t been paid, and payment is past due, the question is really why shouldn’t you file a mechanic’s lien? Now, to be fair, if you’ve read my other articles you’ll know that there are reasons to not file a mechanic’s lien. But this article is about why you should file a lien. First, filing a lien is cheap (unless you’re in Nassau or Suffolk Counties). Second, filing a lien puts pressure on everyone involved in the project to make sure your claim is known and addressed. Third, a lien provides you with security. It literally gives you a security interest in the property so why not protect your payment? If you’re not sure whether you should file a mechanic’s lien call an attorney. If you want to file a lien call NY Lienmasters and secure your ability to get paid.