Mechanics Liens – Construction Disputes

Mechanics Liens

A mechanics lien or a materialmen’s lien is a method that is used by people who are employed to fix real property, such as construction workers, plumbers, drywallers, electricians, general contractors and landscapers.  Employees that are hired to improve properties will ask that landowners pay them in advance for all services and materials.  They usually do this to ensure that they are able to purchase necessary materials for the project and also to ensure that they are prepared before they complete construction work.  In cases where landowners do not wish to pay in advance, workers may take out mechanics liens to ensure payment.     

If the landowner refuses to pay for the workers’ services or for materials the worker had to purchase, the lien will come into full effect, which means that the worker can take legal action.  Once this happens, the worker may ask the courts to force the landowner to sell his or her property so that the worker can be compensated in full.    

In order for a worker to legally obtain a mechanics lien, three conditions must be met.  First, the property must be real property, like a house or an apartment.  Second, the improvements, work and materials the worker offers the landowner must be performed on real property.  Finally, the landowner must consent to the mechanics lien and sign a written agreement.