With the economic uncertainties of the construction industry, lien rights may be the best, if not the only, payment protection available to a contractor, subcontractor or supplier. Lien laws tend to be extremely detailed, and lien rights and defenses often involve extremely technical requirements. Adding to the complications regarding liens is that the laws differ significantly from state to state. Smith Currie’s attorneys have extensive experience in presenting and defending lien claims on private construction projects throughout the United States and particularly in the states where our offices are located. Our attorneys also have broad experience in preparing and filing liens in all states where Smith Currie has offices as well as working with attorneys in other states to prepare and file lien claims. Smith Currie’s attorneys have extensive experience in defending against lien claims on projects throughout the United States and have assisted owners, contractors and bonding companies to evaluate whether liens have been properly filed, contain correct information or may be subject to other defenses. Smith Currie’s knowledge of lien laws is not only the result of its presenting and defending lien claims for over 40 years; several of Smith Currie’s attorneys have been involved in the drafting and revising of the lien laws in Georgia and North Carolina and have written and presented extensively on lien law issues.
How We Can Help You:
- Front End Requirements. Smith Currie’s attorneys can help you identify what steps you need to take on the front end of a project to perfect your lien rights should a claim later arise on the project. It is critically important that all project participants, including owners, contractors, subcontractors and suppliers become fully aware of all requirements that must be met on the front end of a project or at the time of their first involvement on the project.
- Prepare, File and Prosecute Lien Claims. We can help you prepare and file lien claims on behalf of contractors, subcontractors and suppliers who have not been paid for their labor and materials and prosecute those claims through arbitration or litigation if payment is not received promptly as a result of the lien claim.
- Evaluate and Defend Lien Claims. We can assist owners, contractors and others defending against lien claims to evaluate the merits of a particular claim and determine whether the lien claim has merit or is subject to the defenses and present those defenses in arbitration or court.
- Educate. We can provide educational services regarding the requirements of the lien laws in the states where our offices are located as well as other states where Smith Currie’s attorneys are licensed to practice which can help potential claimants to understand how to protect their interests and those defending lien claims to understand the legal and factual defenses they may have to a lien claim. Those educational services can minimize future costs and risks from a misunderstanding of the applicable lien laws.
