Mechanic's Liens & Payment Security

A mechanic's lien is your strongest tool to get paid — a legal claim against the property for the value of your labor/materials.

Protect your lien rights

• Many states require a preliminary notice (e.g., a 20-day notice) at the start of work — miss it and you may lose lien rights.
• Deadlines are strict — you must record the lien and then foreclose within set time windows.
• Lien waivers: you'll sign conditional vs. unconditional, partial vs. final. Never sign an unconditional waiver before the check clears — it can wipe out your right to money you haven't received.

Other payment protections

• Retainage — held back until completion; know the rate and release terms.
• Prompt-payment laws — many states set deadlines and interest for late payment.
• Bond claims — on public jobs you can't lien public property, so the payment bond (federal Miller Act / state Little Miller Acts) is your remedy; notice/deadlines apply.
• Joint checks and credit checks on owners reduce risk up front.

Takeaway: Guard your lien rights with preliminary notices and strict deadlines, never sign an unconditional waiver before the check clears, and on public work pursue the payment bond (Miller Act), not a lien.

Educational overview — not legal advice. Construction law varies by state and by contract; consult a licensed construction attorney for your situation.