Free Mechanic's Lien Form

Whether you're a property owner, contractor, or supplier, protect your interests in the construction sector by using a Mechanic's Lien. Get payment for labor and materials and safeguard your rights.

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Last Update June 12th, 2024

Also Known As

Contractor’s lien

Laborer’s lien

Construction lien

Builder’s lien

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What Is a Mechanic’s Lien

A Mechanic's Lien is a legal claim by contractors, subcontractors, and suppliers against a property they've worked on, but weren't paid for their labor, services, or materials.

This legal document gives the unpaid party a financial interest in the property equal to the debt owed.

Placing a lien on a property makes it hard for the owner to sell or refinance until they clear the debt, encouraging them to settle the amount owed.

Types of Mechanic Liens

Mechanic's liens differ by filer and unpaid service or material. Types include:

Construction liens: Filed by general contractors, subcontractors, and laborers for construction-related activities. Supplier's liens: For those who provide materials but haven't received payment. Design professional's liens: Can be used by architects and engineers.

How to file a Mechanic’s Lien

The right to file a Mechanic's Lien is usually given to those who work on a construction project and are not paid.

This includes:

Role Description
General Contractors Oversee construction projects.
Subcontractors Hired for specific tasks in larger projects.
Suppliers Provide materials, can file liens if unpaid.
Laborers Can file liens for unpaid wages.
Design Professionals May have lien rights for preparatory work in some states.

When To Use a Mechanic’s Lien

Mechanic's liens are particularly useful in several situations:

Reason Description
Unpaid Work For unpaid work or materials provided.
Legal Leverage Complicates property transactions until debt is settled.
State Requirements Compliance Necessary preliminary notices to preempt debt settlement.

Filing a Mechanic's Lien varies by state. It usually requires submitting the lien form to a local office soon after work is complete or the last materials are supplied.

Mechanic's Lien Sample

Take a look at our example document to understand the formatting and specific terms used in a Mechanic's Lien.

This sample will help you learn the proper structure and key elements needed for your lien.

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Mechanic's Lien Form Sample

How Does a Mechanic's Lien Work

Contractors need to send a preliminary notice to the property owner soon after they begin the work. Many states require this step.

How to File a Mechanic’s Lien

  • Filing the lien: If unpaid, file the lien at the local government office, noting the amount due and detailing the provided work or materials
  • Notice of the lien: After filing, send a copy to the property owner to confirm the lien is recorded.
  • Enforcement: Start a foreclosure lawsuit if the debt remains unpaid within the set period to enforce the lien.
  • Resolution: The issue is resolved when the owner pays off the debt, releasing the lien, or it may end with a court-ordered sale of the property.
  • Expiration: Liens expire if not enforced within their legally defined duration.

Each state has its own rules about who can file a Mechanic's Lien and how to do it. Make sure you know and follow your state's laws to file it correctly and on time.

Concerned about overlooking important details in your Mechanic's Lien? Our step-by-step template ensures you include everything necessary.

What to Include in a Mechanic's Lien

When writing a Mechanic's Lien, include these key details to make it legal and enforceable:

  • Claimant's info: Full name and contact details of the filer.
  • Property owner's info: Name and address of the owner during the project.
  • Property description: Detailed and specific legal description.
  • Amount due: Total unpaid amount for labor, services, or materials.
  • Labor/materials description: Clear description of the work performed or materials provided.
  • Dates of service: Dates when labor or materials were supplied.
  • Signature and notarization: Must be signed and notarized to verify authenticity.

You´ll need to adhere to any additional requirements specific to the state where the property is located. These might include preliminary notices or other procedural steps that must be taken before filing the lien.

Mechanic's Lien Laws by State

This table outlines the specific Mechanic's Lien laws applicable in each state:

STATE STATUTES
Alabama §Title 35, Ch. 11, Art. 5, Div. 8
Alaska §Title 34, Ch. 35, Art. 2
Arizona §Title 33, Ch. 7, Art. 6
Arkansas §Title 18, Subtitle 4, Ch. 44, Subch. 1
California §Div. 4, Part 6, Title 2, Ch. 4
Colorado §Title 38, Art. 22
Connecticut §Tile 49, Ch. 847
Delaware §Title 25, Ch. 27
District of Columbia § 40–301.01.
Florida §Title XL, Ch. 713
Georgia §Title 44, Ch. 14, Art. 8, Part 3
Hawaii §Title 28, Ch. 507, Part 2
Idaho §Title 45, Ch. 5
Illinois §Ch. 770, ILCS 60
Indiana §Title 32, Art. 28, Ch. 3
Iowa §Title XIV, Ch. 572
Kansas §Ch. 60, Art. 11
Kentucky §Chapter 376
Louisiana §Title 9, Title XXI, Ch. 2, Part 1
Maine §Title 10, Ch. 603
Maryland §Real Property, Title 9, Subtitle 1
Massachusetts §Part III, Title IV, Ch. 254
Michigan §Ch. 570, Part 1
Minnesota §Ch. 514
Mississippi §Title 85, Ch. 7, Art. 21
Missouri §Title XXVII, Ch. 429
Montana §Title 71, Ch. 3, Part 5
Nebraska §Ch. 52 (§§ 101-159)
Nevada §Title 9, Ch. 108
New Hampshire §Title 41, Ch. 447
New Jersey §Title 2A, Ch. 2A:44A
New Mexico §Ch. 48, Art. 2
New York §Ch. Lien, Art. 2
North Carolina §Ch. 44A, Art. 2, Part 1
North Dakota §Title 35, Ch. 35-27
Ohio §Title 13, Ch. 1311
Oklahoma §Title 42
Oregon §Title 9, Ch. 87
Pennsylvania §Title 49, Ch. 6
Rhode Island §Title 34, Ch. 28
South Carolina §Title 29, Ch. 5
South Dakota §Title 44, Ch. 9
Tennessee §Title 66, Ch. 11
Texas §Title 5, Subtitle B, Ch. 53
Utah §Title 38, Ch. 1a
Vermont §Title 9, Part 3, Ch. 51, Subch. 1
Virginia §Title 43, Ch. 1
Washington §Title 60, Ch. 60.04
West Virginia §Ch. 38, Art. 2
Wisconsin §Ch. 779, Subch. 1
Wyoming §Title 29, Chs. 1, 2 & 10

Mechanic's Lien FAQs

For a better understanding of Mechanic's Liens, check out our FAQ section. It answers common questions and helps you confidently navigate the filing process.

How Do I Get a Mechanic’s Lien Form?

While many turn to lawyers for legal documents, this often means higher costs and longer waits. Instead, consider using our easy-to-use Mechanic's Lien template.

With our smart forms, designed and supervised by legal experts, you can streamline your legal documentation.

Does a Mechanic’s Lien Need To Be Notarized?

Yes, most places require a Mechanic's Lien to be notarized to confirm the signer’s identity and ensure its court validity.

Notarization makes the lien official and enforceable, and helps prevent fraud.

How Do I Put a Mechanic’s Lien on a Vehicle?

To place a Mechanic's Lien on a vehicle, follow these steps: First, confirm you have grounds for the lien, like unpaid repairs. Then, file the lien as per your state's laws.

This often requires submitting a lien form to a local or state agency, outlining the owed amount and services.

What Are the Pros and Cons of Using a Payment Bond Versus a Mechanic’s Lien in Construction Projects?

A payment bond ensures subcontractors and suppliers are paid, keeping property titles clear for smooth project flow. Conversely, a Mechanic's Lien attaches to the property, which could complicate sales or refinancing until disputes are resolved.

Both methods secure payment, but bonds provide wider protection without burdening the property.

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Mechanic's Lien Form Sample

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