You need to prepare and record a construction lien. You will just do it yourself. It’s a statutory form. You will fill it out and record it—no big deal. This way you have at least preserved your rights and can decide later if you really want to foreclose on the lien. Simple enough….or is it?
The question for you is when you are owed money and are looking to collateralize your rights against real property, don’t you want to make sure this is done right? Hassle free? Don’t you want to know you’ve consulted with an attorney, provided the attorney the pertinent information, and the attorney prepared the lien for you and, in doing so, gave you the right advice? Ultimately, if you elect to foreclose on the lien you will need counsel, so why not get counsel involved on the frontend to efficiently preserve your rights moving forward.
Sure, I am a lawyer so I am an advocate for clients consulting counsel when it comes to preparing and recording construction liens. This is only because I know the value when a lawyer works with a client to prepare and record a lien from ensuring the lien is done right to developing an appropriate game plan moving forward. There is no reason for a mistake to occur or for liens to be prepared fast and loose. There is too much to lose considering the lien is designed to maximize your collection efforts. There is value in ensuring liens are done correctly and you have the right strategy in place with respect to your lien rights.
Please contact David Adelstein at firstname.lastname@example.org or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.