AEC definitions
A mechanic's lien is a claim against real property, created by statute, for labor or materials that improved the property and were not paid. It can allow the unpaid party to force a sale if the claim is perfected. Each state sets the notices and deadlines. Missing one usually defeats the lien.
Definition
The lien attaches to the property, not only to the person who failed to pay, which is why owners collect lien waivers and why lenders care. General contractors, subcontractors, and suppliers may have rights, depending on the state and on whether preliminary notices were given. Public projects often cannot be liened. Claimants on public work use a claim against the payment bond instead. A lien is not a judgment by itself. It is a recorded claim that must follow the statute to be enforced. Parties should use counsel for notices. A definition page is not a filing guide.
In depth
Subs and suppliers often have no contract with the owner. The lien gives them a claim on the property they improved if the party who hired them does not pay. Owners manage that risk with waivers, joint checks, and retainage rules.
Because the remedy is statutory, contract language cannot invent a lien the statute does not allow, and it may not waive lien rights in advance in states that forbid those waivers.
Many states require a preliminary notice near the start of the work. Others require a notice of intent before recording. The dates run from last furnishing, substantial completion, or some other statutory event. Guessing from a national summary is how liens are lost.
Serve the people the statute names: owner, lender, prime. A notice to the wrong address may not count.
You generally cannot lien a courthouse. Payment-bond claims under the public statute, sometimes called a little Miller Act claim, are the parallel remedy. The deadline is still strict, and it is not the private-lien deadline.
Ask which remedy the project allows before you record the wrong instrument.
A recorded lien can stall a sale or a draw. That pressure is the point, and it is also why an invalid lien has consequences. File only what the statute supports.
Owners who have paid the prime in full may still face a subcontractor's lien, depending on the state. That is why downstream waivers matter.
Payment should be exchanged for a waiver or, if a lien was recorded, a recorded release. A check alone does not clear the title record.
Partial releases should match the dollars. Do not demand a final release in exchange for a progress payment.
Examples
A supplier who served the required preliminary notice records a lien after the subcontractor is not paid. The deadline is the one in that state's statute.
A subcontractor on a public school files a claim on the payment bond. They do not record a lien against the public property.
The owner pays the past-due amount and receives a recorded release before the next sale.
FAQ
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