Mechanic’s lien are statutory creatures established by the legislature of the state in which the improved property is located.
If a claimant has allowed too much time to pass or otherwise fallen short of the prerequisites for filing a mechanic’s lien claim, he or she should consider consulting an appropriately qualified construction attorney in their jurisdiction. Litigation or arbitration might be appropriate for asserting a breach of contract claim along with equitable claims for unjust enrichment and quantum meruit. The state in which the improved property is located may have enacted additional statutory measures to protect unpaid contractors and suppliers. If the improved property is owned by a public entity who is not susceptible to mechanic’s lien claims, filing a claim against the surety who issued the payment bond may be the most efficient option to receive compensation.