Law Articles

Atlanta, Georgia

Filing Mechanic's Liens

Our attorneys have successfully assisted our contractor, subcontractor, and material supplier clients in securing their unpaid claims by filing Materialman and Mechanic's Liens and perfecting their right to payment under Statutory and Private Payment Bonds.

Our lawyers have established relationships with attorneys throughout the Southeast that assist us when filing or litigation is required in another state.

Ira Rachelson supervises this work on behalf of the firm. Mr. Rachelson began working on lien and payment bond matters early in his career and continues to assist the firm's clients and regularly consults with our clients and with everyone involved in the perfection process. Mr. Rachelson is recognized as an authority on construction lien law issues and has used his expertise to successfully resolve many claims.

The Mechanic's Lien work at Rachelson & White is unique, focused and effective. It is also performed very economically and, when necessary, very quickly. Because of our background that ranges from the representation of construction lenders, developers, architects, engineers, as well as numerous tradesman clients that are engaged in most aspects of the construction process, our attorneys quickly identify the issues and gather the information that is necessary not only to file and perfect lien and payment bond claims but also to discuss the strategies that typically improve recovery.

Sometimes filing is necessary simply to secure a claim and it is paid when the project closes or the retainage is released. At other times, project problems or disputes suggest that litigation or Arbitration is the best route to follow. We are very successful.

Our attorneys are also mindful of the legal fees and costs that our client's must bear in the collection process. The initial fees concerning the filing and perfection are typically very reasonable. Unless we are confronted with a difficult title issue or with an extremely short time period to perfect the claim, the fee for filing a lien can be as little as $200.00 plus the cost of the title examination.

We use experienced attorneys to perform our title examinations. Attorneys review the title reports, the deeds, the mortgages and other data that we obtain with the title report. We verify the ownership and address information that is required to serve the notices that are required by statute to perfect the lien.

Our attorneys also examine the payment bonds when they are available for any particulars that may be required by the bond. When the payment bond is not available we take added measures to assist in perfecting the claim.

Not to be overlooked is our follow up. Our lawyers examine our client's records and determine the best date to use to alert our clients that a lawsuit may be necessary. We use a very good case management software program to establish follow up reminders for perfection deadlines. Also, our attorneys use the reminder system to alert our clients to perform a follow up investigation to determine the status of the subject project. Someone will call you, write or e-mail you if your claim has not been paid and it is time to consider taking further collection action.

Because we consider every lien or payment bond claim to be a potential litigation not arbitration matter, our initial work on your file is performed to gather the information that is necessary to proceed forward with the debt collection or lien perfection process. We will always follow your lead and direction. If a lawsuit, mediation or arbitration is necessary, we know what to do and respond quickly and effectively.

Our success has maintained client relationships for over 40 years. Most of our clients were referred to us by existing clients who were satisfied with our work and their recovery and were recommended to us.

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