Reminder: Always Order a Title Search for Your Mechanic’s Lien

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Under construction (Photo credit: Wikipedia)

Mechanic’s liens are close to my heart as a construction attorney.  These powerful tools for collection have been (and likely will be) discussed often here at Construction Law Musings.  In fact, they rated their own page here at this little construction blog.

While the form for a mechanic’s lien that is found in the Virginia Code looks simple enough, what goes into that form is key to getting past the initial stage of the mere recording of the lien and moving on to where a lien claimant wishes to go: Payment.  Everything from the proper amount of the lien to the timing of filing, the parties named, type of work performed and who signs the lien can trip you up even before you get a chance to have a judge examine your payment claim.  In short, this simple form has many pitfalls.

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About musings

I am a construction lawyer in Richmond, Virginia, a LEED AP, and have been nominated by my peers to Virginia's Legal Elite in Construction Law on multiple occasions. I provide advice and assistance with mechanic's liens, contract review and consulting, occupational safety issues (VOSH and OSHA), and risk management for construction professionals.

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