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Residential Mechanics lien for professional engineering services

We've performed engineering services on a residential property to clean up old outstanding permits and issues prior to the owner selling his home. The parties are getting ready to close on the property, but the client (seller) has not yet paid us balance for services. Can a mechanics lien be filed sand enforced leading up to the few days prior to closing and transfer of title?

1 reply

Jul 13, 2020

If you performed engineering work that resulted in the improvement of the property - like drawings, site superintendence, etc. - the mechanics lien rights may well be available to ensure you're paid what you're owed. However, if you simply closed out permits or performed other administrative work, then lien rights would likely not be on the table for that work. Regardless, before opting to file a lien claim, it might be useful to pursue some other recovery options. For one, sending a simple invoice reminder could prod the customer into paying what's owed. Turning up the heat by sending a payment demand letter could be useful, too - that will usually entail specific legal threats. Or, if you're unsure whether you're able to file a lien, threatening to file one with a Notice of Intent to Lien could lead to payment. Certainly, though, consulting with a New York construction attorney could help to determine what options will be available to you and how best to move forward. You can find one here: Find a New York Construction Lawyer. They'll have more experience with recovering payments in New York.

Mechanics lien enforcement

As for enforcement - most mechanics lien claims will never be enforced. Enforcing a lien means a lawsuit is filed to enforce the claim and potentially foreclose on the property. Generally, there's no rush to enforce a lien and the parties involved will negotiate and work together to ensure that a lawsuit doesn't have to be filed. Plus, if a lien claim is properly filed before the sale of the property, there should be little issue with enforcing the lien later on, if need be. That's true even if the property is sold.

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