When a construction lien is recorded, it needs to be served on the owner within 15 days. But, instead of just serving a lien, considering serving it with a Request for Sworn Statement of Account. And, if you are in privity with the owner, consider serving both with a Final Contractor’s Payment Affidavit. In other words, if you are a contractor, leverage your position by serving multiple documents on the owner and put yourself in a position where you are ready, willing, and able to foreclose on the construction lien immediately. There is no reason not to put yourself in this position from the get-go. Period.
But, please, engage a construction attorney to assist you with preparing a construction lien, a Final Contractor’s Payment Affidavit, if applicable, and a Request for Sworn Statement of Account. If your attorney is in position to do all three at the same time, then he/she is leveraging your position efficiently and effectively.
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.