Mechanic's Lien Attorneyin Dover, DE
A Mechanic's Lien Is An Important Tool
At Schmittinger and Rodriguez, we understand the importance of a Delaware mechanic’s lien and it can help protect you if someone doesn’t pay for your services. We have been helping clients in Dover, Delaware with their mechanic’s lien needs since 1961. Whether you are a contractor, subcontractor, supplier or material man, our experienced attorneys can help ensure that you get paid for the work you have performed.
We can help with filing a mechanic’s lien, negotiating and settling disputes, releasing liens, and enforcing judgments. We also handle all other types of construction-related legal matters including contract drafting and review, bonding claims, payment and collection issues, bid protests, and also the sum of any obligations and rights due to the lien.
What Is A Mechanic's Lien Claim In Delaware?
A mechanic’s lien claim provides contractors, subcontractors, material suppliers, and any other person or entity that provided construction management services with a way to secure payment for their work or materials. It is a lien that is placed on a property by a construction professional or supplier who has not received full payment for their services or goods. Here are some key points to know about Delaware mechanic’s liens in Delaware:
Who can file: A Delaware mechanic’s lien can be filed by anyone who has provided labor or materials for a construction project in Delaware. This includes general contractors, subcontractors, suppliers, and even architects or engineers who have worked on the project.
How it works: To file a claim, the contractor or supplier must provide notice to the property owner that they have not received full payment for their work or materials. They must then file a lien with the county recorder’s office within 90 days of the last day they provided services or materials.
Effect on the property: Once a claim is filed, it becomes a cloud on the title of the property, meaning that it could affect the owner’s ability to sell or refinance the property until the lien is satisfied.
Deadline for enforcement: If a mechanic’s lien claim is not enforced within one year of the filing date, it becomes invalid and unenforceable.
Disputes and challenges: Property owners can challenge a mechanic’s lien if they believe it is invalid or if they have already paid the contractor or supplier. Contractors or suppliers can also challenge a claim if they believe it was filed improperly or if the amount claimed is inaccurate.
Mechanic’s lien claims in Delaware are a powerful tool for construction professionals and suppliers to protect their right to payment. However, they must be filed properly and within the legal timeframes to be enforceable.
What Labor And Costs Are Covered Under A Mechanic’s Lien?
A mechanic’s lien claim can cover both labor and materials that were provided for a construction project. Here is a breakdown of what labor and costs are covered under a claim:
Labor: The labor that can be covered under a Mechanics Lien Claim includes any work that was done on the construction project by contractors or subcontractors. This includes all types of construction work, such as plumbing, electrical work, carpentry, roofing, and more.
Materials: The materials that can be covered under a Mechanics Lien Claim include any materials that were provided for the construction project, such as lumber, concrete, roofing materials, plumbing supplies, and more.
Equipment rental: If a contractor rented equipment to complete the project, the rental costs can also be included in the Mechanics Lien Claim.
Design services: If an architect or engineer provided design services for the project, their fees can also be included in the Mechanics Lien Claim.
Permits and fees: If the contractor had to pay for permits or other fees related to the construction project, these costs can also be included in the Mechanics Lien Claim.
It’s important to note that the amount claimed in the lien claim must be reasonable and based on the fair market value of the labor and materials provided. If the amount claimed is found to be excessive or unreasonable, it could affect the validity of the lien.
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How Can A Mechanic's Liens Lawyer Help Me?
A mechanic’s lien lawyer can be an invaluable resource when dealing with mechanic’s lien claims in Delaware. Here are some ways that a mechanic’s lien lawyer can help you:
- Filing a mechanic's lien claim: An Attorney can help you file a Mechanic's Lien Claim properly and within the legal timeframes. They can ensure that all the necessary paperwork is completed correctly and that the lien is filed with the appropriate county recorder's office.
- Enforcement of a Mechanic's Lien Claim: If you have filed a Delaware Mechanics Lien Claim and the property owner has not paid the amount claimed, a Mechanic's Lien lawyer can help you enforce the lien. They can initiate a foreclosure action in a superior court to have the claims determined and to force the sale of the property to satisfy the lien.
- Challenging a Mechanic's Lien Claim: If you are a property owner and you believe that a Mechanic's Lien Claim filed against your property is invalid, a Mechanics Lien lawyer can help you challenge the claim. They can review the claim and help you determine the best course of action to protect your interests.
- Negotiating a Settlement: A Mechanic's Lien lawyer can help you negotiate a settlement with the property owner or contractor to resolve the dispute without the need for litigation. They can help you reach a fair and reasonable settlement that satisfies both parties.
- Litigation: If the dispute cannot be resolved through negotiation or settlement, a Mechanic's Lien lawyer can represent you in court. They can help you prepare and present your case in court, and argue on your behalf to protect your interests.
Hiring an experienced Mechanic’s Lien lawyer can help you protect your rights and interests and ensure that you receive fair and just compensation for your work or materials.
Can Property Be Sold With An Active Mechanic's Lien Claim?
If you have a mechanic’s lien claim, it could affect the ability of the property owner to sell the property. A mechanic’s lien claim creates a cloud on the title of the property, which means that the property owner cannot sell or refinance the property or such structure until the lien is satisfied or released.
To release the lien, the owner or such other representative must pay the amount claimed by the contractor or supplier who filed the lien. Once the payment is made, the contractor or supplier must release the lien in writing with a lien waiver. The release of the lien should be recorded with the county recorder’s office to clear the cloud on the title.
If the owner does not pay the amount claimed, the contractor or supplier who filed the lien can initiate a foreclosure action to force the sale of such property to satisfy the lien. The foreclosure action must be filed within 2 years of the filing of the mechanic’s lien claim.
Why Schmittinger & Rodriguez Is Right For You
At Schmittinger & Rodriguez, we understand the complex issues of Delaware mechanics liens. Our law firm and attorneys are well-versed and experienced in the practice of Delaware mechanic’s liens and related practice areas.
Our team has decades of combined experience handling a mechanic’s lien claim and we know how to effectively represent anyone involved in a construction job from the general contractors to construction management services or such lien creditors who need legal protection to be paid.
We have a deep understanding of Delaware law and will provide dedicated legal representation throughout your matter. Our attorneys are committed to providing you with personalized attention and will fight hard to get you the best possible outcome for your case. If you have a mechanic’s lien issue, contact Schmittinger & Rodriguez today for a consultation. YOUR CASE. OUR PRIORITY.
