#mechanic's lien

[ariela-wagner-me]

Construction Waivers in Florida: What to Do and What to Avoid

Understanding construction waivers in Florida involves using specific forms, providing detailed information, and adhering to deadlines.

[ariela-wagner-me]

What Is the Deadline to File Florida Contractor Lien?

Discover the crucial details on the deadline for filing a Florida contractor lien with precision and ease.

[ariela-wagner-me]

What Happens After I Record My Lien? How Do I Get Paid? - California

In this webinar, learn about what happens after you record your lien in California and what are some of the dos and don’ts to follow to ensure that you get paid successfully.

[ariela-wagner-me]

A Contractor’s, Subcontractor’s & Supplier's Step-By-Step Guide to Getting Paid - Missouri

In this webinar, learn in detail about the key steps that will help how contractors, subcontractors, and suppliers in Missouri ensure that they get paid for the work and materials they provide for a project.

[ariela-wagner-me]

What Happens After I Record My Lien? How Do I Get Paid? - Texas

Learn the three steps to get paid, what to do after recording your lien, why retain counsel, and how to file suit to foreclose and the lawsuit, and more!

[ariela-wagner-me]

Bankruptcy Happens! How do I get paid!

Bankruptcy may not be a bad thing! Learn about the two types of debt, how bankruptcy differentiates debts, how a construction attorney can help you get paid, and how a lien affects your lien rights.

[quicklien-blog]

Why mechanic's liens work by Leonard J. Catanzaro, Esq.

Mechanic's liens work because they attach to the property where you did the work.  The mechanic's lien allows you to force the sale of the property and get paid from the proceeds of the sale.  This is called a lien foreclosure action and a lis pendens is filed against the property. 

Mechanic's lien are inexpensive.  My law firm charges $385 to file a mechanic's lien in the City of New York, and $445 in Nassau County due to the $90 filing fee.  Just go to my website QuickLien.com and click on the type of job you want to lien, "commercial" "residential" "city" or "state".  File out the simple lien questionnaire and hit "submit".  You will receive the finished lien ready for your review, signature, and notarization.  The owner and general contractor, if applicable, are served with the mechanic's lien.  You will receive a copy of the lien stamped by the court.  The lien is valid for 1 year from the date of filing and can be renewed for an additional year if a commercial property.  If a 1 family house, condo, or co-op the lien can be extended by court order.  The lien can be extended by court order.  I suggest commencing a lien foreclosure action and filing a lis pendens which keeps the lien in effect for 3 years from the date of filing of the lis pendens.  A lis pendens is also called a Notice of Pendency.

When you start a lien foreclosure lawsuit, the lawsuit will contain various causes of action in addition to foreclosing the lien.  You must prove that the lien is valid in court, and that the owner owes you, or the general contractor for the work you did. 

What does bonding the lien mean?  Your mechanic's lien is filed with the county clerk where you did the work.  Bonding means the owner, or the general contractor, goes to a bonding company and either pays a premium or puts up collateral in an amount 110% the lien amount.  The bond is then filed with the county clerk and literally replaces the lien.  The lien is no longer on the property as it is discharged by the bond.  However, you are still protected because in the event you obtain a judgment of foreclosure in court instead of selling the property, the bonding company pays you.

[quicklien-blog]

THE 5 FASTEST WAYS FOR CONTRACTORS TO GET PAID What you must know if the owner, contractor, or the city owes you money.

       LAW OFFICES L E O N A R D  J.  C A T A N Z A R O

    SUITE 2F     555 LENOX AVENUE NEW YORK, N.Y. 10037 [phone]

1.  Mechanic's liens are inexpensive and hard-hitting.  Liens attach to the property where you did the work and all parties (the owner and general contractor) are notified that you have not been paid.  My law firm has recovered millions of dollars for contractors by filing mechanic's liens.  File you quicklien at quicklien.com or call Leonard J. Catanzaro, Esq for immediate assistance at [phone].

2.  Lien foreclosure is available only after you have file a mechanic's lien.  Foreclosing on the lien means starting a lawsuit and filing a lis pendens to force the sale of the property.  Although most cases settle, you get paid from the proceeds of the sale.  In the case of a public improvement project, you are trying to obtain the monies financing the project.  You cannot file a lien on public property, but you can restraining the monies financing the public project in an amount one and one-half the lien amount.

3.  Arbitration is usually conducted under the rules of the American Arbitration Association.  if you have an arbitration clause in your contract you are obligated to arbitrate the matter, unless the parties agree to court instead.  An arbitrator's decision is usually not appealable.

4.  Payment Bonds are required to be obtained by prime contractors on public improvement projects (city, state, and federal) to make sure the subcontractors get paid.  There are extremely strict time limits involved and you should immediately hire an attorney to protect your interests under the payment bond.  Federal jobs are handles under the Federal Miller Act.

5.  Litigation means starting a lawsuit in court.  An action is commenced by filing an index number and then serving the parties by a process server.  A lien foreclosure is a litigation, but you can also sue even if you do not have a mechanic's lien. You can sue for breach of contract, violation of constructive trust under New York Lien Law, quantum meruit, account stated, attorney's fees in some situations, lost profit, delay claims, interest, etc.  Most cases settle before trial, but the next step must constantly be taken to aggressively prosecute your case.

Please contact your attorney immediately if you are concerned about the timeliness of filing a mechanic's lien, lien foreclosure and lis pendens, or payment bond claim.

Leonard J. Catanzaro, Attorney at Law

[phone]