Construction Lien and Bond Claims
KMK has a long and distinguished record of perfecting and enforcing construction lien and payment bond claims throughout the United States, and leveraging them to recover money due to our clients. Except on federally-owned projects, the requirements for filing, recording, and enforcing lien or bond claims are governed by state law and differ considerably from state to state. One universal characteristic is the existence of tight and inflexible deadlines that can render errors and inaccuracies fatal to the rights of a creditor seeking to enforce a lien or bond claim.
Successful recovery of what is often substantial debt depends on the creditor’s lien or bond rights being secured correctly and in a timely manner. For a lien or bond claim to be valid, it must be based upon accurate information. Unless errors are detected at the outset, the time for required notices or filings, sometimes as little as twenty days from the first appearance on site, may expire before the error can be detected, remedied, and enforcement made possible. Ensuring a valid lien is filed requires a deep understanding of both the construction job in question, the governing lien or bond law, and asking the right questions which can be the difference between full recovery or a complete write-off.
Unlike many lien service providers, KMK is a law firm that has the skills and expertise to identify issues and validate information required to ensure the lien or bond claim is properly perfected. In addition to securing lien and bond claims, we also assist clients in establishing the processes required to ensure accurate information gathering and deadlines. For smaller transactions, such as home improvement and repair contracts, we draft contracts that secure our clients’ rights and interests.
We are frequently required to gather the relevant facts and determine if our client is legally entitled to assert a lien or bond claim. Although the law varies by state, in many cases only certain suppliers or sub-contractors have lien or bond rights. Unfamiliarity with the law, or with the actual relationship to the final purchaser, can be critical. In certain circumstances, KMK attorneys have convinced the courts that the reality of the trading relationship supports lien and bond rights despite the claimed relationship structure that would have defeated any lien or bond rights in question.
Our reputation as accomplished lien and bond attorneys and litigators, combined with our national record of enforcing creditors’ contractual rights, enables us to successfully negotiate out-of-court settlements for our clients not only where valid lien or bond claims exist, but also when contract law is the only available remedy. We continue our “one-stop shop” philosophy to provide our construction clients with the ability to perform and enforce their lien and bond rights throughout the country.
By ensuring that our clients have accurate lien and bond claims filed and enforced within the tight deadlines applicable, KMK attorneys have established a record of speeding-up and increasing net recoveries by our clients, wherever the debtor is located in the United States.