A mechanic's lien is a wonderful tool but it does not get you paid unless you enforce the lien. Mechanic's liens are enforced through "lien foreclosure" litigation. A mechanic's lien is foreclosed upon in much the same way as a mortgage is foreclosed upon. When you don't pay your mortgage, the bank forecloses and can have the property sold to pay off the debt. Similarly, when a mechanic's lien is not paid the lienor can foreclose and have the property sold to pay off the debt.
Lien enforcement proceedings are complex, time consuming and usually expensive. Because of this, it is usually advisable to locate an attorney familiar with the Lien Law and with construction litigation (particularly lien foreclosure litigation). A knowledgeable attorney can help a lien holder avoid common pitfalls and develop a cost effective plan to enforce the mechanic's lien and secure payment of its outstanding debt.
Vincent T. Pallaci is the managing member of Kushnick Pallaci PLLC. Kushnick Pallaci PLLC regularly counsels clients on filing and enforcing mechanic's liens.
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