Mechanic's Liens & Payment Security
Welcome
Hello, and welcome. This is Super Structures General Contractors — a national general contractor headquartered in Powhatan, Virginia — here to help you and your clients build something that lasts. We're glad you're with us, and we look forward to connecting with you.
Buckle up: Mechanic's Liens & Payment Security is one of those skills the pros never skip. Bottom line — write this one down: Guard your lien rights with preliminary notices and strict deadlines, never sign an unconditional waiver before the check clears, and on public work pursue the payment bond (Miller Act), not a lien. Get comfortable here and the rest of this trade gets a whole lot less intimidating.
A mechanic's lien is your strongest tool to get paid — a legal claim against the property for the value of your labor/materials.
Protect your lien rights
- Many states require a preliminary notice (e.g., a 20-day notice) at the start of work — miss it and you may lose lien rights.
- Deadlines are strict — you must record the lien and then foreclose within set time windows.
- Lien waivers: you'll sign conditional vs. unconditional, partial vs. final. Never sign an unconditional waiver before the check clears — it can wipe out your right to money you haven't received.
Other payment protections
- Retainage — held back until completion; know the rate and release terms.
- Prompt-payment laws — many states set deadlines and interest for late payment.
- Bond claims — on public jobs you can't lien public property, so the payment bond (federal Miller Act / state Little Miller Acts) is your remedy; notice/deadlines apply.
- Joint checks and credit checks on owners reduce risk up front.
Takeaway: Guard your lien rights with preliminary notices and strict deadlines, never sign an unconditional waiver before the check clears, and on public work pursue the payment bond (Miller Act), not a lien.
Educational overview — not legal advice. Construction law varies by state and by contract; consult a licensed construction attorney for your situation.