Statutory Requirements of Mechanics Liens: Because Contractors Deserve Their Due

Ah, the mechanic’s lien—the tool that contractors wield like a knight’s sword when payment starts playing hide-and-seek. A mechanic’s lien is a legal remedy that gives contractors, subcontractors, and suppliers the ability to stake a claim against a property when they’ve done work or provided materials but haven’t been paid. But before you charge into battle, there are strict statutory requirements to follow. If you miss even one, that lien could crumble faster than a cheap drywall installation.

First, timing is everything—and not just for pouring concrete. Most states require you to file a preliminary notice or “Notice to Owner” shortly after you start work or supply materials. Think of it as a polite “Hey, I’m here!” before things turn less polite. After that, you’ll need to file the actual lien within a statutory deadline—usually a few months after work wraps up or payment is due. Waiting too long? Sorry, you’re out of luck.

The lien itself also requires some legal artistry. You’ll need to include precise details: the property address, a description of the work, the unpaid amount, and the names of the parties involved. Think of it as a recipe for legal vengeance, where missing an ingredient could spoil the whole dish. Once filed, the lien needs to be served on the property owner—preferably without the drama of a courtroom reenactment.

But here’s the kicker: a mechanic’s lien doesn’t last forever. To enforce it, you’ll typically need to file a lawsuit within a set period (usually one year). Miss that deadline, and your lien expires faster than a carton of milk in July.

Ultimately, mechanics liens are a powerful remedy for unpaid labor and materials—a contractor’s safety net, if you will. But like all good tools, they only work if you know how to use them. So read the statute, set those reminders, and don’t let payment avoidance become your new client’s favorite hobby. Have questions? As always, I am here to help. Robert Fouse 469-424-3033 x 610 or [email protected]