Tag: Enforcing a Mechanics Lien

  • Enforcing a California Mechanics Lien Could Waive Arbitration Rights (Unless…)

    Enforcing a California Mechanics Lien Could Waive Arbitration Rights (Unless…)

    Arbitration is usually preferable to litigation, so when an arbitration agreement is in place, it’s a good idea not to waive the right to arbitrate. Filing a mechanics lien won’t destroy this right, and typically, claims are resolved before any lien enforcement becomes necessary. However, if enforcement does become necessary, claimants should take the above steps…

  • A Mechanics Lien Is Not an Automatic Lawsuit

    A Mechanics Lien Is Not an Automatic Lawsuit

    Filing a mechanics lien is a powerful tool available to subcontractors and suppliers to help them get paid the money they’ve earned on their projects. In the event of non-payment, a successfully-filed mechanics lien will allow you to collect your debt by giving you privileges against the property that you worked on during the project.…

  • Do You Need an Attorney to Foreclose on a Mechanics Lien?

    Do You Need an Attorney to Foreclose on a Mechanics Lien?

    In the event of non-payment on a construction project, filing a mechanics lien is usually your best bet to get construction debts paid. Since the potential outcome of a successful lien filing is so severe (for the property owner), just filing a lien if often enough to spur the resolution of the payment issue that…

  • Does a Mechanics Lien Affect the Property Title Forever?

    Does a Mechanics Lien Affect the Property Title Forever?

    When a mechanics lien is filed on a project, a “cloud” is put on the property title. When this cloud is present, it becomes nearly impossible for the property owner to sell or take out a loan against that property. But how long will a mechanics lien affect the property that it’s filed against? As…

  • What Are the Chances that a Mechanics Lien Will Work?

    What Are the Chances that a Mechanics Lien Will Work?

    Chasing after a delinquent customer – making phone calls, sending emails, and writing demand letters – all seem like fruitless endeavors. No matter how much effort you put into your collection attempts, at the end of the day, there’s nothing really on your side that will force a delinquent customer to pay. It can leave…