Essential Documentation for Filing a Construction Lien

When a contractor, subcontractor, or supplier does not receive payment for services or materials provided, filing a construction lien can be an important step toward securing compensation. However, filing a valid lien is not just about submitting a form; it requires a collection of critical documents that establish your right to payment and help you comply with state-specific regulations. In this blog post, we will cover the essential documentation you need to successfully file a construction lien and protect your interests.

Signed Contract or Agreement

The signed contract is your foundational piece of evidence. It proves there was a formal agreement between the parties and outlines the terms of the project. This document should clearly detail the scope of work, payment expectations, deadlines, and any responsibilities for both parties. Without a signed contract or written agreement, it can be significantly harder to support your claim.

Proof of Work Performed

To support your lien, you will need evidence that the work was actually completed or that the materials were delivered. This can include invoices, timesheets, job logs, delivery receipts, or photographs of completed work. Keeping accurate records strengthens your lien and shows a clear timeline of your efforts and contributions to the project.

Payment Records

You must be able to show what payments, if any, have been received. Retain copies of all checks, electronic transfers, or payment platform confirmations. These documents provide clarity around partial payments and demonstrate whether the property owner or contractor has defaulted on their obligation. In some cases, this record will highlight payment delays that violate the terms of your agreement.

Notice to Owner or Pre-Lien Notice

Many states require contractors and suppliers to send a notice to the property owner before filing a lien. This is commonly referred to as a notice to the owner or a pre-lien notice. The timing and method of delivery are essential, and you must keep proof that the notice was sent on time and to the correct party. Failure to provide a proper notice can disqualify your lien.

Lien Waivers and Releases

If you have subcontractors or material suppliers under your contract, you may have received lien waivers from them during the course of the project. These waivers indicate that those parties have been paid and waive their rights to file a lien. Including signed waivers helps reduce the risk of disputes and ensures clarity about who still has outstanding claims.

Affidavit or Statement of Account

An affidavit or sworn statement of account verifies the exact amount owed to you. This document may be required when filing your lien with the local authority. It provides an added layer of legitimacy to your claim and serves as a formal statement under penalty of perjury. Including a clear account statement reinforces your claim and demonstrates professionalism.

Property Information

The lien must attach to the correct property in order to be enforceable. To ensure this, you need accurate property details, including the legal description, the property owner's name, and the physical address. A deed or title report is often used to obtain this information. Inaccuracies in property identification can cause the lien to be rejected or rendered unenforceable.

Proof of Lien Filing and Post-Filing Notices

Once your lien is filed, you should maintain documentation proving the submission, such as a stamped copy or filing receipt from the county clerk. Additionally, some jurisdictions require you to send a copy of the lien to the property owner or general contractor. Keeping records of these notifications helps protect your lien rights and ensures you remain in compliance with all regulations.

Get Help Completing the Right Documentation for Your Construction Lien

Filing a construction lien is a powerful tool, but it must be done properly. Missing documentation or incorrect details can result in the lien being dismissed. That is why it is important to maintain organized records throughout the project. By gathering the documents outlined in this post, you increase the likelihood of a successful lien claim and protect your business from financial loss.

If you need help filing a lien or recovering commercial construction debt, the experts at Miller, Ross & Goldman can guide you through every step of the process with our construction lien services. Contact us today to request a quote and get started.