Mechanic's Liens Foreclosure
Our Mechanic’s Lien Attorneys Help Contractors and Owners with Mechanic's Liens and Mechanic’s Lien Foreclosure Throughout New York
Mechanic's liens are tools that many general contractors, sub-contractors and material suppliers can use to protect their rights and their ability to get paid for their work. But filing a mechanic’s lien is only an initial step in the payment process. If a mechanic’s lien is filed, and the lienor still is not paid, then the next step is to foreclose (enforce) on the mechanic’s lien. A mechanic’s lien foreclosure action is a lawsuit commenced by the unpaid lienor to force the sale of the property so that the lien can be satisfied out of the proceeds of the sale. It is only through commencing a lien foreclosure action that a lienor can force payment - the lien itself simply gives you the right to bring the action. A lien foreclosure action is full of sometimes complicated procedural requirements that can leave novices and those that are not experienced in construction law wondering what to do next. However, with the right construction lawyer a mechanic’s lien foreclosure action can be a powerful tool and can often give the lienor enough leverage to force a quick and favourable settlement of the claim.
Our Mechanic’s Lien Lawyers Represent General Contractors, Subcontractors, Material Suppliers and Owners in Mechanic's Lien Foreclosure Matters Across the State of New York
Our New York construction lien attorneys provide experienced service to our clients and work with them to arrive at a solution that meets their needs. In construction lien law matters, it is important to hire a lawyer who understands the often complicated laws involved with mechanic's liens and can guide you and develop a plan to protect your rights. The mechanic’s lien lawyers at Kushnick Pallaci PLLC utilize their knowledge and experience with the New York mechanic’s lien law to design a plan that is tailored for your situation and is designed to achieve the goals that you want. Our construction lien attorneys’ depth of experience with mechanic’s liens often make it possible to advise clients of potential pitfalls that we see coming up in their cases and we take proactive steps to avoid those situations. Because we know mechanic’s liens, and how to enforce them, our New York lien lawyers will enforce your lien as quickly and cost effectively as possible
We know enforcing a mechanic’s lien is not always the best way to secure payment
Rather than relying solely on the lien law to get you paid we advise our clients of all of the other potential courses of action that are available to them, including claims for breach of contract, Lien Law Article 3A (trust) violations and violations of New York’s Prompt Payment Act. Our role as attorneys is to provide you, the client, with all of the legal options available to you and allow you to make an educated business decision about the best way for you to proceed (with our guidance of course). Many times foreclosing on your mechanic’s lien is the best route, but if it is not, we will tell you and we will provide you with alternatives to get you paid as quickly as possible.
If you have not been paid and are considering enforcing your mechanic’s lien please contact us at Kushnick Pallaci PLLC now to schedule a free initial consultation. Remember, when it comes to mechanic’s liens timing can be everything and waiting too long and result in forfeiture of your lien rights. One of the biggest keys to getting paid is promptly and diligently enforcing your claim.
Full Service filing or Removing of a Mechanic's Lien in New York
A mechanic’s lien can be a powerful tool used by a contractor to secure payment but a mistake, sometimes even a small one, in the preparation or filing of the lien can be fatal and the potential for the abuse of a mechanic’s lien is great. While anyone can file a mechanic’s lien, the peace of mind that comes with knowing that an expert in the field is handling your lien is invaluable. At Kushnick Pallaci PLLC we regularly handle all aspects of mechanic's liens, including:
- Mechanic’s Lien preparation, service and filing
- Foreclosure and enforcement of a New York mechanic’s lien
- Actions to remove defective New York mechanic’s liens
- Actions to remove wilfully exaggerated mechanic’s liens in New York
- Actions for undertaking and bonding a mechanic’s lien in New York
- Defending owners in New York mechanic’s lien foreclosure actions
- Owner actions to recover damages for a wilfully exaggerated mechanic’s lien
When filing a mechanic's lien it is important to strictly adhere to the law
In New York, there are restrictions that outline when a lien may be filed and the length of time that the property owner must be afforded before proceedings may be brought against that owner. Contractors and sub-contractors may both file liens if they have not been paid. But an improperly filed mechanic's lien that does not comply with statutory rules can have negative consequences. A defective mechanic’s lien is useless to the lienor and can often lead only to added litigation expenses with no ultimate benefit in return. Even worse, a defective mechanic’s lien, especially a lien that has been wilfully exaggerated, can expose the lienor to significant and severe liability.
Of course in any dispute it is preferable if both parties are able to work out the situation before it progresses to the point of a mechanic's lien. Our lawyers will advise our clients that it is often in their best interests to ensure that the property remains intact and that everyone can get paid for their work. Sometimes, with a little creative problem solving, these issues can be resolved without the unnecessary cost and time spent on a lien or on further issues of litigation.
For more information on how the construction attorneys at Kushnick Pallaci PLLC can help you with your mechanic’s lien related issue please contact us now or call at 631-752-7100 or toll free at 1-888-KUSHLAW (587-4529) to schedule a free initial consultation.