One of the most common questions that I am asked is whether a lienor may include attorneys’ fees, such as the costs of collection or the costs of preparing the mechanic’s lien itself, within the amount of the mechanic’s lien? Unfortunately for lienors the answer is no. The mechanic’s lien is limited to the actual cost of the labor and materials that the lienor provided to the construction project. In some instances interest may be allowed but there are no situations in which attorneys’ fees may be included within the lien.
Vincent T. Pallaci is a partner at the New York law firm of Kushnick Pallaci, PLLC where his practice focuses primarily on the area of construction law. He can be reached at (631) 752-7100 or vtp@kushnicklaw.com
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