Legal Question in Construction Law in New Hampshire
Mechanics lien
I am a flooring contractor and have a balance due on a job that was completed 5 weeks ago. I have a signed contract that states the balance remaining is 3500.00. The homeowner will not return my phone calls and upon investigation his name is not on the deed. Can I file a mechanic's lien and if so should I have an attorney do it?
1 Answer from Attorneys
Re: Mechanics lien
A mechanics lien is a statutory procedure which must be handled with great atention to detail. If you wish to review the statutes, court rules, and court procedures, then you may try it yourself. However, if you miss something in the process you will not have a lien and might risk a claim that you have clouded the title to the property.
I don't know who authorized the work or if the work is being done for an owner or a general contractor. Before filing anything a careful review of the contracts and the title to the subject real estate should be carefully reviewed.
Generally it is better to hire an attorney. However, for the amount involved, the legal fees might make this decision more difficult. If your contract provides for the recovery of legal fees this would be a beneficial factor.