When Contractors Should Use a Mechanic's Lien

If you've done work on someone's property and haven't been paid, a mechanic's lien may be one of your most effective options.

A lot of contractors have heard of mechanic's liens but aren't sure exactly how they work or when to use one. This guide covers the basics in plain language.

A mechanic's lien is a legal claim you can file against a property where you performed work but weren't paid.

When a valid lien is filed, it attaches to the property title. This typically means the homeowner cannot sell or refinance the property until the lien is resolved — either by paying you or by successfully challenging the lien in court.

For many contractors, just the threat of a lien is enough to get a payment conversation moving.

A mechanic's lien may make sense when:

Every state has its own lien laws, and the deadlines for filing are strict. In many states, you have 60 to 90 days from the last date you performed work or provided materials to file the lien.

Miss the deadline and you typically lose your lien rights entirely — no exceptions.

This is one of the main reasons contractors benefit from having access to a legal resource early in a dispute, not after the deadline has passed.

Many states require contractors to send a preliminary notice to the property owner within a certain number of days of starting work. If you didn't send this notice, you may have already lost your lien rights — even if you're still within the filing window.

The rules vary significantly by state, which is why it's worth getting legal guidance specific to your situation.

Filing a mechanic's lien incorrectly can invalidate it. An attorney can walk you through the requirements in your state and help you file correctly.

For contractors who want affordable access to legal guidance without hourly billing, a membership through LegalShield provides access to a provider law firm that can advise on lien rights and the proper process.