In a perfect world, contractors would only focus on their scope of work and wouldn’t have to worry about the aspects of their business outside of the jobsite. Unfortunately, a contractor can perform excellent work and the owner may still refuse to pay. This is where a Charlotte construction lien attorney can be extremely helpful. We can handle the legal aspects of your business, so you can focus on what you do best.
When you want to be paid, you may want to file a mechanics lien. In this three-part article, we first discussed construction professionals that file a lien only to find that it is invalid because they failed to satisfy the necessary filing requirements. In this part, we will discuss contractors that have a right to file a claim but fail to effectively do so. Remember, if you require a lien to be filed, consult a construction attorney.
You Didn’t File an Accurate Claim
Perhaps you filed a claim of lien and it was delivered to the owner and properly filed in the clerk’s office; however, the information in your lien claim was inaccurate. Many contractors and subcontractors that file a lien are doing so for the first time. Naturally, there can be a trial and error process performing this complex process. Perhaps the property description you’re filing a lien on isn’t specific enough or you failed to list all of your personal information or the information of business. Any of these things can compromise the validity of the claim.
Your Lien Claim Pricing Is Off
Another issue is being a bit too ambitious with the claim amount. Although you may feel entitled to a specific amount for your work, it’s best to confirm this total with a Charlotte construction lien attorney before filing a lien. It’s important to have an accounting system in place tracking exact expenses during a project and to consult with an attorney to learn more about what exactly can be covered in a lien claim. A construction attorney will understand how to determine what is a reasonable amount you are owed in your claim.
For more information on common mistakes made when filing a mechanics lien, please read part three.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.