How to Seek Commercial Litigation for Services RenderedMississippi Legal News
When payment for services rendered cannot be made to a contractor or the subcontractors for the work they are doing, then you might be able to seek commercial litigation by filing a mechanic’s lien on the property. This type of situation usually happens when the company that gave the contract to the contractor experiences financial problems. Regardless, you have the option to fight for your income. If you have questions about how to do this, then contact a Jackson commercial litigation lawyer for help.
When You Can File a Mechanic’s Lien
As a contractor or subcontractor, you can file a mechanic’s lien when you are faced with a situation in which you will not be paid for the rest of your contract. This can happen on construction sites or real estate work. What a mechanic’s lien will do is legally obligate the owner of the real estate property or company paying the contractor to pay the contractor and subcontractors.
When it comes to real estate, the mechanic’s lien will ensure the owner cannot sell or foreclose the property without paying the lien first. The tricky thing with filing as a contractor or subcontractor is there are certain guidelines for each. A contractor can file a mechanic’s lien when the contractor has a relationship with the construction firm. Whereas, a subcontractor may not be able to file the mechanic’s lien if the contractor has a payment bond.
Once you determine your eligibility to file a mechanic’s lien, the next steps are to figure out whether a preliminary notice is needed, fill out the claim forms, serve the mechanic’s lien claim with complete proof of service affidavit, and record these forms at the recorder’s office. Some of these steps may vary depending on your unique situation and extraneous factors, which is why reaching out to one of our lawyers can be useful to figure out what steps you need to take.
Steps for Filing a Construction Lien
Filing a construction lien is an action that can be taken by the contractor, subcontractor, equipment rental companies, material suppliers, and any other employees involved with construction who are not being paid for their services. However, before you can file a lien against the property owner, you will need to give the owner a warning through a Notice of Right to Lien. This can be done through mail or in person.
Without filing this notice, you lose the right to file a construction lien. This lien must be filed within 90 days of the last day the contractor worked the construction site. After filing this lien, you have two days from that point to send a copy of the lien to the property owner.
Commercial Litigation Lawyer in Mississippi
Figuring out when you can legally file a lien against a property owner can be tricky depending on the complexity of the situation. Contact the Germany Law Firm, PLLC at (607) 487-0555 to speak with a Mississippi commercial litigation attorney today. Our commercial litigation lawyers can help you figure out what steps to take and overcome obstacles that prevent you from being paid.