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How do I go about liening a property?

Newark, DE |

We are a general contractor and we need to lien a property (residential) in DE. What steps do we need to take to accomplish this?

Attorney Answers 3

  1. Mechanic's liens can be a very effective tool for collecting money you are owed for construction work. The laws are very technical and vary from state to state. There are a lot of lien services who try to be all things to all people. Some have attorneys who are licensed in your state on staff to do your work, others do not. One reason that you want a Delaware attorney to do your work is that they will have insurance if they make a mistake and cannot disclaim liability for their mistakes. Lien services almost ALWAYS disclaim any liability or only accept limited liability. Some who have attorneys, but not attorneys in licensed in YOUR state still disclaim liability and one even has you indemnifying them in the small print.

    Check Avvo for a Delaware attorney who does construction law, particularly one who seems to have knowledge in the area of mechanic's liens. Do it quickly, lien rights often expire quickly if not exercised. You will find that even though they will likely cost a few extra dollars up front, hiring the local attorney will serve you much better than hiring a service. You get what you pay for, and the cheapest provider is seldom the least expensive in the long run.

    IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.

  2. Mr. O'Rourke is correct about a mechanic's lien being a potential remedy here, and one worth pursuing if there's a significant amount of money at stake. We have attorneys at our firm that can assist you with filing for a mechanic's lien and pursuing a judgment.

    This answer is provided for informational purposes only and does not constitute legal advice. I am licensed to practice law in the State of Delaware and this answer assumes Delaware law applies to the question unless otherwise stated. Unless and until we enter into a formal written engagement agreement, neither Berger Harris, LLC nor any of its attorneys represent you or have any duties toward you. This information is not intended to create, and receipt or review of it does not constitute, a lawyer-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel. Do not send us information until you speak with one of our lawyers and get authorization to send that information to us. In some jurisdictions, this World Wide Web site may be considered advertising. Before making your choice of attorney, you should give this matter careful thought. The selection of a lawyer is an important decision that should not be based solely upon written information about our qualifications and experience. Berger Harris, LLC has endeavored to comply with all known legal and ethical requirements in providing the information found on this website. Berger Harris, LLC does not desire to represent clients based upon their review of any portions of this website that do not comply with legal or ethical requirements in their jurisdictions.

  3. Call Mr. Gottesman. There are strict time limits for when you can file a lien so don't delay!

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