Mechanics’ Liens and Bond Claims

Since the days of Jefferson and Madison, the fathers of the first mechanic’s lien legislation in Maryland, the mechanic’s lien has become by far the contractor’s (at all tiers) and design professional’s best collection tool.  These laws are there to protect all who improve real estate, but the laws are complex and vary from state to state.  Enforcement requirements are time sensitive and detailed.  Only by following the strict and sometimes onerous requirements imposed by the states does a lien claimant have a chance to force an owner to pay twice or be entitled to have its lien have priority over a lender’s mortgage or deed of trust.

The mere threat of filing a lien sometimes brings prompt resolution without the need to actually file the lien.  We have successfully filed and enforced liens in Missouri, Illinois, and Kansas.  Our liens have been successful against commercial buildings, industrial projects, wind farms, solar projects, shopping centers, leasehold interests, residential projects, condominiums,  office buildings, breweries, manufacturing plants, and more.  We have even successfully enforced mechanic’s liens against funds held by Illinois governmental units. We also know how to prosecute liens in behalf of design professionals.  This extensive experience has taught us how to defend against lien claims in behalf of owners and lenders.

When liens are not available, e.g., property owned by a governmental entity we will skillfully pursue rights under payment bonds at all levels – city, county, state, and federal.

We have drafted legislation in Missouri assuring a seamless continuum for contractors of having either lien or bond rights.