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Resources Learn about Preliminary Notices

Preliminary Notice and Mechanics Lien Resources and Information

Learn about a Mechanic's Lien

What is a mechanics lien?

The mechanics lien is a powerful tool created by lien laws that protect you from non-payment of your work, services and materials. It does this by giving you the right to a security interest in the title or the bond to the improved property for which work is performed. Basically it helps you get paid.

How easy is it?

Very easy. Give us basic information such as property address, what work you are doing and contact information for the property owner, lender (if needed) , etc... and that's it. Usually takes 10 minutes or less of your time. If we have questions we will call you. Simple but powerful protection.

Is it expensive?

You will save money by filing the initial preliminary notices and/or lien documents through a legal document preparation service such as Lien Giant rather than through a law firm. Often, filing the initial notices will prompt immediate payment. Lien Giant is not a law firm. If you still are not paid after filing a lien or bond claim, you may choose to foreclose and we can assist you finding competent legal construction counsel in your area.

How big of project before I worry about it?

How much can you afford to lose? In our 34 years of experience we have seen mechanics liens become a smart business solution. In today's economy more of our clients are making it their standard practice to protect every project they do. Take note: when you don't get paid you lose your profits from all your next projects until you make up the loss.

What if I don't like legal stuff?

The best protection against legal issues is to wisely protect yourself from future argument. Lien laws are there to protect you from non-payment. Be wise. Send a proper notice on time. Often this will prompt proper and immediate payment. If still not paid, we can easily assist you with filing a lien or bond claim if necessary. Proper, reliable assistance will bring greater confidence and success.

What if I didn't get paid?

Call Lien Giant and we will help. There are three basic steps to follow.

  • First, send a preliminary notice. We will help with timelines and we use proper forms. The preliminary notice often prompts immediate payment and your done.
  • Second, if not paid, file a lien or bond claim. We will help get this properly recorded.
  • Third, If still not paid, foreclose. This action requires competent legal counsel and we can assist you in finding experienced construction attorneys in your area.
General Information about Preliminary Notices

Is it too late?

Best to call us before you start work but if you already are down that road call us immediately before any more time passes so we can review the deadline requirements for your state. All 50 states have their own timeline requirements. Please call Lien Giant or review our resources page for specific requirements in your state. Please note: even if your deadline has passed please call and review your potential options. Don't give up yet.

Am I filing a legal document?

Initial notices such as preliminary notices and intent to lien notices are only mailed to responsible parties (e.g., owner, lender, etc.) and are not filed with the recorders office. These initial notices often prompt immediate payment and no further action is needed. However, in most states evidence of mailing these initial notices is required to retain the right to further action. Lien Giant will help you manage this process.

Will my client by angry?

In our 34 years of experience we have seen mechanics liens become a smart business solution. In today's economy more of our clients are making it their standard practice to protect every project they do. No guarantees on unprofessional conduct in this industry but the more professional and well-run organizations recognize the value and protections for everyone with lien laws.

What if I don?t use mechanics liens?

Without the legal rights provided by lien laws, the usual remedy would be to send the party who contacted with you to collections and then, if still not paid, to sue for non-payment. Both those solutions require time, money and great amounts of stress. There are many inherent complications including: the party may not have the money to make your payment; suing requires great time and you end up spending even more for legal expense and even then the outcome is uncertain. Under the state lien laws, if you have taken proper steps to ensure your lien rights, the property owner risks losing his property if payment is not made to you. The good news... often, just filing a preliminary lien notice instigates the owner to make sure you are paid.

How do I know which forms to use for my project?

After sign up or sign in, choose the state that your project is located in. This will bring up the basic guidelines and steps for that state with applicable forms. If still not certain, contact us at biz@LienGiant.com or call us at 602-467-1000 or go to www.liengiant.com.

How do I protect my lien rights in multiple states?

Lien laws exist in all 50 states but each state does have specific timeline and format requirements. Lien Giant provides nationwide services and can assist you in all 50 states. Lien Giant maintains a database of state-specific statutes and performs lien processing in accordance with the unique requirements of each state. Simply sign in to Lien Giant, choose the state the project is located, choose the service needed, and follow the simple screens to input the correct project information. Lien Giant will then file a preliminary notice which meets the statutory requirements for that state.

Where did mechanics lien laws come from?

Modern mechanics or construction lien laws date to the 18th century and were established by Thomas Jefferson to encourage construction in the new capital of Washington D.C. He realized the importance of ensuring payment to contractors to promote the growth of the city. Lien laws now exist in all 50 states to protect you from non-payment of your work, services and materials. Lien laws help you get paid.

Lien Giant Services

Why should I trust Lien Giant to protect my earnings?

Lien Giant has over 34 years and counting of lien processing experience. Many of our competitors are simply legal firms who set up a lien processing branch as a side business to complement their law practice and lien processing is not their primary focus.

What is the cost to use Lien Giant?

We have different layers of services to meet your needs. There are no monthly fees and no long-term contracts to sign. Simply sign up for free, choose the state that your project is located, and the costs associated with the services we provide in that state will be shown. Due to complexities in the lien laws and different mailing requirements between states, the cost for the same service may vary by state.

How do I contact Lien Giant to ask questions related to my specific project?

Email us at biz@liengiant.com or call 1-866-623-6863. During normal work hours (8:30-5:00 PST), you will always speak to a person not a machine. After hours leave a message with your contact information and question or send us an email and we will respond back as soon as possible on the next business day. Our goal is customer satisfaction and we welcome your input on how we can improve for you.

What is the benefit of using Lien Giant?

Your earnings are the lifeline of your business. If not protected, you could lose a significant portion of these earnings. Using Lien Giant from the start of your work will help ensure you get paid for your hard work. Typically, just filing a preliminary lien notice prompts the project owner to make payment to you. Although you could spend the time to research and interpret the lien laws to prepare your own forms, you risk mistakes that could cost you your valuable lien rights. Lien Giant will make sure the forms are prepared in accordance with and within the timelines of the applicable lien statutes.

Is Lien Giant a law firm?

Lien Giant is not a law firm and specializes only in lien preparation, processing and related services. Lien Giant does not offer legal advice although we do maintain a network of attorneys that may assist you with your legal questions. Our systems and processes have been developed and refined from the daily lessons that only experience can provide. For your further protection, Lien Giant is also licensed, bonded and insured.

When do I make my payment?

No payments are required until you have chosen the service you desire and follow the simple screens to provide us with the details for your project. At this point you can choose to pay by credit card or, for large volume clients, open an account and charge to this account.