On a regular basis, we get telephone calls from contractors and subcontractors seeking to file a mechanic’s lien without them realizing that their lien rights expired. Shockingly, most of the contractors and subcontractors do not know the correct time frames associated with filing a mechanic’s lien. Every contractor, subcontractor and supplier should know the correct time frames in order to properly protect their receivables.
I cannot emphasize enough the importance of filing a mechanic’s lien. Many times it is the difference between getting paid and not getting paid. By filing your lien you are protecting your interests. By not filing your lien, you may be jeopardizing your right to collect anything. Do not, however, wait for the last day to file your lien. Once the general contractor has been paid by the owner, your lien is essentially worthless.
Furthermore, many payment bonds contain strict requirements that notices be served on various parties within a specific time frame. Once that time frame expires, your right to recover may be jeopardized.
Be aware of the various pitfalls that exist. The general contractor or the owner may drag you along until your time to file a lien or pursue the payment bond has expired. I have, therefore, listed the various time frames associated with filing a mechanic’s lien or making a payment bond claim.
