What is a commercial construction lien?

On Behalf of | Apr 22, 2022 | Firm News

Commercial construction liens protect contractors to ensure timely payments on projects and to safeguard other interests. The National Law Review notes that commercial construction liens must begin with a written contract between the person requesting the lien and the contractor for it to carry any validity.

A lien in the case of a construction project guarantees payment for those providing the services, and the creation and execution of such an agreement require several steps before anyone can declare the liens as valid.

Time limits

Lien claims and those who hold them are generally subject to time limitations. For example, a person or company holding the lien, or the claimant, must file the claim within 90 days after providing goods, materials or services for the project. In most cases, this time limit is quite stringent so it allows the construction contractor to fulfill certain requirements and protect the individual from monetary loss.

Eligibility

Several different individuals on a commercial construction project may file a lien depending on their vested interest. Multiple liens may exist for one project and filed by many individuals, including:

  • Contractors
  • Suppliers
  • Subcontractors

Any individual who creates a lien must provide a contract with it, no matter his or her investment in the project. Suppliers who offer supply services to a similar company are not usually eligible to file such a lien.

The rights afforded to contractors and other individuals who wish to file liens on a commercial construction project may vary from contract to contract. Those who file may want to review their eligibility before moving ahead with any project to protect their financial interests.