Mechanic’s Liens

Bakken contractors, workers, architects, engineers, surveyors, material or equipment suppliers is your bill unpaid? Bakken contractors (independent, general and subcontractors) material suppliers, equipment renters, workers, architects, engineers, surveyors, have you contributed services or materials to a construction project and received only empty promises?

You know only part of the bad news. We were told, "The Bakken will not bust. It will last 20 even 50 years." It has not. The worst effects of the oil price collapse may still lie ahead of your developer and land owner. USA Today's March 1, 2015 front page story disclosed that depressed oil prices have caused loss of 100,000 American jobs, many in Texas. On a proportional basis, the Bakken truth may disclose that most job-losses have and still will occur in North Dakota.

Just why your bill hasn't been paid is not as important as how long have you been unpaid? How long ago did you terminate your services and when did you suspend supply of materials? Where in the line of the unpaid do you stand? What if there is a foreclosure, an assignment of the benefit of creditors, a bankruptcy, will you ever get paid?

Here is good news about mechanic's liens. You are likely eligible to file and enforce mechanic's lien claims for the value of your labor and materials.

Who is eligible? Contractors (independent, general and subcontractors) material suppliers, equipment renters, workers, architects, engineers, surveyors, have you contributed services or materials to a construction project and received only empty promises?

Beware of the complexity of lien law! If you do not file proper notices against the proper real property in the proper places and perfect within the statutory time limit you may be exposed to demand to remove your lien and never get paid even a part of your labor and materials.

Do you understand the enhanced power of your claim if you make an accurate and timely lien filing? Lien laws help creditors obtain payment for materials and services added to improved property. Like other states North Dakota's statutes are intended to pay you as contractors and material suppliers where you would otherwise be left without recovery. The law does not want to unjustly enrich mortgage holders, developers or owners.

You need not have a contract with the mortgage holders, developers or owners.

The Law Offices of Fintan L. Dooley is located in Bismarck. We will investigate and act promptly. Improve your position. At minimum know what you can and can't do. We may recover costs and we will try to recover attorney fees.