Mechanic’s Liens / Bond Claims

You’ve done your due diligence, mailed your construction notice on time, managed your change orders and waivers, completed your project and now you’re seeing issues with getting your pay applications being processed or paid out. It happens all the time. Many times, it isn’t the person you’re contracted with that is holding up your money, it may be an owner, developer, or even lender.

When you’re at the point that you’re evaluating your collection avenues, our team of experienced Escalation Professionals are ready to consult with you to help devise a “lien plan” to get you paid as quickly and painlessly as possible.

Similar to construction notices, lien and bond claim time frames are strictly enforced by each state and should be watched.

Devising a Collection Plan:

Each project and relationship is different – we want to ensure we’re all on the same page with your company’s tone and objective
Evaluating what options are available to us to get you paid BEFORE putting a lien on the project is important
Researching if there are any documents that could deflect our time frames is key
- Notices of Completion
- Certificate of Occupancy… etc
Consulting with your attorney (when appropriate or requested) to ensure we’re all on the same page

Our team is dedicated to helping come to a resolution that you are seeking. There is no benefit from being a bull in a China shop when it comes to getting paid…. well, not all the time. Unfortunately, at times, it may be the only path.

What we do:

Re-research the project to see if a new lender or owner may be on file for inclusion on the lien (and any pre-lien documents)
Draft the appropriate legal documents for payment
- Mechanic’s Lien
- Bond Claim
Compile all relevant exhibits
Fully prepare legal document
Once signatures are notarized and received, we will e-file for you if possible – if not, we will help coordinate a courier with you
Mail all recorded documents to related parties within statutory timeframes

Little can go wrong when having a good team and process in place when it comes to proceeding with a mechanic’s lien or bond claim

Quick Tips:

Have your lien related documents ready to go
- Original Contract
- Open Invoices
- Statement of Account (Current AR Report) for the project
- Change Orders
- Payment Applications
- Prior correspondence in your efforts to collect
- Name and title of the person legally able to sign documents on behalf of the company
Know what your time frames are so you don’t get caught toward the end of the project
Keep your “Lien Team” in the loop to help partner and adjust with you when you need it
Don’t wait too long to get paid! We advise our clients to reach out when emails stop getting responded to, calls stop getting returned… have a plan
Engage with your internal team – project managers, project admins, and project accountants all need to be in the loop when things are going on that can effect your company’s money

Escalation Documents: