Owners: Be Prudent, Engage Counsel, Don’t Deal with Liens on Your Own

I receive numerous calls from owners that have a construction lien recorded against their property.  Of course, in most instances, the owner disputes the lien amount and, in fact, the lien in its entirety.  This is ok.

The owners are interested in recording a Notice of Contest of Lien.  But, surprisingly, the owners want to undertake this process themselves to presumably save a few bucks.  Technically, owners can do this themselves.  But, you have to ask the question, why?  The prudent thing for an owner to do is to engage a construction counsel to walk you through the pros / cons, available options, and to prepare the Notice of Contest of Lien for you.  Saving a few bucks is always ok, but it is not always prudent. When owners call me I do not render legal advice because no one benefits from legal advice in a vacuum – no one!  Owners that appreciate the risk of a lien will engage counsel to ensure their rights are protected and options are vetted to ensure they are undertaking the right option.  Also, the owner will spend money to ensure the Notice of Contest of Lien is done correctly.  It is a relatively small investment when considering the impact of the lien.

Please contact David Adelstein at dadelstein@gmail.com or (954) 361-4720 if you have questions or would like more information regarding this article. You can follow David Adelstein on Twitter @DavidAdelstein1.

 

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