The Litigation Team of Taylor, Eldridge & Endres Scores Big Victory for Real Estate Developer in the Face of an Invalid Mechanic’s Lien
A mechanic’s lien can easily be filed against real property without any proof that the contractor did any work or that any money is still owed — or ever owed, for that matter.
Depending on the property owner’s plans for the property, a mechanic’s lien could present a major issue, especially if there is a pending sale or refinance application.
Available Options for Property Owners Facing a Contractor’s Lien
Among the options available to a property owner in such a scenario is demanding an itemized statement from the contractor.
This statutory remedy allows a property owner to motion for the extinguishment of the mechanic’s lien if the contractor fails to provide an adequate statement detailing, among other things, how the amount due was calculated, and which portions of the contract gave rise to that amount.
How Taylor, Eldridge & Endres, P.C. handled the situation
We leveraged this section of the Lien Law and recently won a court order extinguishing the mechanic’s lien. Our client was also awarded legal fees and costs.
For guidance on this or other types of issues affecting your real property, contact our office for a free consultation.
David Eldridge, Partner, david@taylor-eldridge.com
Beth M. Gazes, Associate, beth@taylor-eldridge.com
