With the economic uncertainties of the construction industry, lien rights may be the best, if not the only, payment protection available to a contractor, subcontractor or supplier. Lien laws tend to be extremely detailed, and lien rights and defenses often involve extremely technical requirements. Our attorneys also have broad experience in preparing and filing liens as well as in defending against lien claims. Our team has assisted owners, contractors and bonding companies to evaluate whether liens have been properly filed, contain correct information or may be subject to other defenses.
We can help prepare and file lien claims on behalf of contractors, subcontractors and suppliers who have not been paid for their labor and materials and prosecute those claims through arbitration or litigation if payment is not received prompt. We can assist owners, contractors and others defending against lien claims to evaluate the merits of a particular claim and determine whether the lien claim has merit or is subject to the defenses and present those defenses in arbitration or court. We can provide educational services regarding the requirements of the lien laws which can help potential claimants understand how to protect their interests and those defending lien claims understand the legal and factual defenses they may have to a lien claim. Those educational services can minimize future costs and risks from a misunderstanding of the applicable lien laws.
The construction lawyers at RosswaySwan regularly assist our individual clients as well in assuring proper payments are made under the lien laws. We work with our individual clients to understand the legal documents that are routinely filed on construction projects and advise them every step of the way so they know import of the filing as well as any concerns it may raise. Early intervention is the key to success in dealing with construction concerns and delays and our team is proactive in resolving these concerns before they escalate.