"Preserve a Lien" - Means what?
Let's say you've filed the proper notices and have a valid claim of lien, whether that be a mechanic's lien or maybe another type of lien in your state. What happens next?
A lien must be preserved, further locking in your rights and priority. The whole goal of a lien is to get paid. If you don't preserve your lien, your claim of lien means nothing more than the piece of paper it's written on. You preserve a lien by filing a lawsuit. This is not to say that you have to go through the entire litigation process to get paid. These steps, even just the lien itself, can sometimes be enough to induce payment - we have seen it in high dollar amounts when you would least expect it.
The number of days that you have to file your lawsuit to preserve your lien varies by state and whether you are the general contractor or subcontractor on that particular job. These variables can make it difficult to understand your deadlines. That also means that these intricacies make one prone to miss the unforgivable deadlines that surround liens.
Liens are very technical, and they are not something to be thrown together by just anyone. If you're contemplating pursuing a lien or would like to discuss alternatives to filing a lien and other options in seeking payment, please visit our "Contact Us" page and complete the quick form. No harm - no obligation - no charge.
Our goal is to lay out your options. You choose your preferred path.