Filing a construction lien sounds simple, right? Do the work, file the lien, secure your payment.
But in reality, it’s one of the most misunderstood processes in the construction industry, and when contractors make mistakes, it can cost them time, money, and leverage.
Here are the most common pitfalls and how to avoid them:
✔️Mistake #1: Missing Deadlines
Construction liens come with strict deadlines, depending on your state, you might have 90 days, 60 days, or even less to file.
Miss that deadline, and your lien rights disappear. The solution? A lawyer, we can help you keep track of the process.
✔️Mistake #2: Filing the Lien Against the Wrong Party
Believe it or not, it happens all the time.
Contractors file a lien against the property owner, only to find out they should’ve filed against the general contractor. Or they miss a layer in the chain of contracts entirely.
A simple mistake like this can make your lien invalid.
✔️Mistake #3: Not Following Pre-Lien Requirements
Some states require you to send a preliminary notice before you can file a lien.
If you skip that step, your lien might not hold up in court.
✔️Mistake #4: Failing to Provide Enough Detail
A lien needs to be specific. It’s not enough to say, “I did work on this property, and I’m owed money.”
You need to detail the work performed, the materials provided, the dates, and the exact amount owed.
✔️Mistake #5: Thinking a Lien Guarantees Payment
A lien is a tool—it’s not magic. It gives you leverage to demand payment, but it doesn’t guarantee you’ll get it.
If the lien is disputed, you’ll likely end up in court, and that’s where having strong legal counsel can make all the difference.
Filing a construction lien isn’t something you want to do alone, one misstep, and you could lose your rights to collect what you’re owed.
Our attorneys help contractors file liens correctly the first time, and enforce them if needed.
If you have any questions about liens, contact us today to schedule a consultation:
📞 (305) 570-2208
✉️ eayala@ayalalawpa.com
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