tag:blogger.com,1999:blog-7119721103267088747.post5262511134007433447..comments2023-08-18T07:07:12.494-04:00Comments on New York Mechanic's Lien: To lien or not to lien: that is the questionVincent T. Pallaci, Esq.http://www.blogger.com/profile/03405905679113801806noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7119721103267088747.post-24210696517547366472010-11-30T15:07:28.620-05:002010-11-30T15:07:28.620-05:00Although the points of the article arre valid, the...Although the points of the article arre valid, there ARE those times when filing a lien is a must.<br /><br />I had a client (a design professional) who was left hanging for a significant amount of money by a developer in NY. The relationship was sour, and chances of recurring business was not good. The client chose to file the lien and, within 6 or 7 months, they were paid all that they were owed. Seems that the developer had an opportunity to sell the property, and was tied up unless and until they settled up and got the lien discharged. Thus, it CAN BE a good and useful tool in the right circumstances.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-7119721103267088747.post-67372192870427857112010-11-23T00:13:14.564-05:002010-11-23T00:13:14.564-05:00Additionally, lawsuits to enforce mechanics' l...Additionally, lawsuits to enforce mechanics' liens very often result in counterclaims for construction defects, which ties both parties into protracted litigation. <br /><br />Another point to be taken from this article is that there is no intermediate step between verbal/written demands for payment and filing of a lien. The former is often futile and the latter is extreme. <br /><br />Parties in the construction industry have the ability level the playing field contractually, but they often do not make the effort to do so. Thus, they find themselves in the dilemna described above. <br /><br />Perhaps, a statory scheme could help, for example the ability to demand a short, informal mediation. However, this could also be subject to abuse. I would love to see if any state in the U.S. has figured out a fair intermediate step. Tennessee has not.<br /><br />David Headrick<br />Adams Law Firm<br />Knoxville, TN<br />http://tennesseeconstructionlaw.blogspot.com/David Headrickhttp://tennesseeconstructionlaw.blogspot.com/noreply@blogger.com