Building Your Right to Payment
Construction liens can be a powerful asset when it comes to collecting payment from an unwilling owner or general contractor. It is one of the few areas of law where you are actually permitted to sell someone else’s property to satisfy your right to payment. That’s powerful leverage.
However, because of the power of a construction lien, the state requires that many legal hurdles be crossed. If you miss a single notice or filing by 1 minute, your rights disappear. Additionally, when it comes to properly enforcing your lien rights, having a knowledgeable business attorney is a necessity.
How Epiphany Law Can Help
Epiphany Law can help you fully utilize the power of liens; we know the strict requirements for filing construction liens. In fact, we wrote the book on it: Construction Liens in Wisconsin.
We also understand how to properly leverage a construction lien to ensure payment. More often than not, we can get a contractor paid without having to resort to costly litigation. However, if foreclosure of the lien is required, you can count on Epiphany Law to aggressively litigate your rights.
Questions & Answers
Q: What is a 60-day notice?
A: Under current law, a 60-day notice is one of the notices required to be given in order for a subcontractor to maintain its construction lien rights. It must be served upon the owner within 60 days of first providing service or materials. For construction liens, there are 10-day notices, 30-day notices, 60-day notices and timing requirements for both the filing of a lien and the commencement of a lien foreclosure.
Q: Are the requirements different for a general contractor than a subcontractor?
A: Yes. While some of the filing requirements are similar, the rules that general contractors have to follow are very different than those for subcontractors. Thus, it is critical that you know whether you are a general or a sub. That seems easy, but at times the lines get blurred, particularly when the owner is attempting to act as his own general.
Q: What does it mean to foreclose a construction lien?
A: Foreclosing a construction lien means to take the legal steps to force the owner of the property to sell the property in order to pay the lien claimant. While it is a time-consuming process, it is also an extremely powerful tool to ensure that you are paid.