December 2007

The Top Ten Misconceptions About Mechanic's Liens
By David J. Barnier

Contractors know that mechanic's lien rights can secure payment--if done right. Construction law attorney David Barnier offers commentary on common misconceptions.

Here are the top three misconceptions. For an explanation, and the other seven, click to read the full article.

Misconception # 1: A Preliminary Notice must be served within 20 days of the claimant first providing benefit to the project; otherwise, the claimant loses his entire mechanic's lien rights.

Misconception # 2: If a claimant identifies and serves a Preliminary Notice on a party that is not the actual owner of the property, the claimant's Preliminary Notice is defective and the claimant necessarily loses his mechanic's lien rights.

Misconception # 3: A claimant's estimate within his Preliminary Notice must reasonably resemble the value that the claimant ultimately provides to the project.

To understand why these are misconceptions, and to learn about the other top ten misconceptions, click on the link below.

Download Article in pdf format: 11-07_Top_10_lien_miscon.pdf