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Exclusively for the Construction Industry
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This site contains information for general contractors, subcontractors, as well as material/equipment suppliers in the building and construction industry. For this reason, it is written from the prospective of the contractor and not the owner. The purpose of the site is to equip construction industry professionals with the information, skills, and forms to assert their legal rights successfully. Although other persons are free to view this site, they should seek their own competent legal advice to protect their respective interests.
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National Coverage
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This site contains information and forms for all 50 states and the District of Columbia. For this reason, the information and various forms have been researched for each specific state. Fortunately, or unfortunately, as you might view the case, there is yet to be a universal preliminary lien notice or mechanic's lien that applies to all states. There are some books, internet businesses, and software providers that sell generic forms, but because many do not tailor themselves to the individual requirements of each state, they are invalid. And worse, every state strictly construes its requirements, and they are not met, you can literally be thrown out of court on a technicality. On the other hand, this site provides state-specific forms and information stemming from the individual requirements of each such state.
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How It Came About
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The creator and developer of this site is a former California construction attorney (no longer practices law) who had worked with industry professionals for over 25 years, including generals, subs, and material/equipment suppliers. At the suggestion of a client, it was decided to pool together construction forms and information used over the years into a single web site. After researching the law as to each state, and tailoring the information and forms, this site came into being.
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Our Philosophy
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Drafting Legal Documents: Slow, time-consuming and expensive. Now imagine transporting this archaic system through the time tunnel provided by new information technology. Imagine drafting a legal document automatically, from start to finish, simply by answering some questions in electronic format. No longer having to take valuable time from your day, fighting traffic, waiting on the mail, meeting multiple times with your attorney, and paying expensive fees. The philosophy of NationalLienLaw.com is to change all of this and deliver thoroughly-professional and easily-prepared documents directly to the construction professional in the privacy of their home or office.
This means the user will no longer be subjected to worthless and sometimes legally-dangerous forms prepared by non-lawyers, outdated stationery store forms put on disc, or having to spend hours reading through "How To" books. This is because most of the contingencies and variables have already been built into these forms, allowing their automatic formatting by answering a short series of questions. We hope you enjoy, and benefit, by this novel concept.
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About Us
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This site was conceived, designed, researched, and prepared by an experienced California attorney who specialized in construction law for 28 years. This included the forms themselves, articles, and each state's law summary. Due to that attorney's retirement, all subsequent forms, articles, and law summaries have been reviewed, researched, and prepared by person(s) with construction experience and who have graduated from an accredited law school and received a Juris Doctorate Degree (J. D.). We take pride in our forms and hope you receive the maximum benefit from them.
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When Do You Need an Attorney?
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Many self-help and legal forms companies have products that are prepared with the idea you need not seek the advice of an attorney. The assumption is that an attorney is not required to give advice or interpretation in the use of such forms.
NationalLienLaw takes a different approach and does not necessarily agree with this assumption. It is true, in many cases, an attorney is not necessary in filling-out and serving/filing construction forms. But there are cases in which an attorney is vital in giving you individual advice to your specific situation and the use of such forms.
NationalLienLaw, since it does not practice law, actually encourages you to consult with an attorney. We are all too happy to give whatever advice we have available, but this is not the same as legal advice from a licensed attorney. Feel free to bring our forms to an attorney as he or she reviews your case. If the attorney wishes to make custom changes, we can e-mail the form in Word format.
I know what you’re thinking: I can't afford an attorney because they cost too much. This is not necessarily the case:
- You do not have to pay an expensive retainer or permanently hire an attorney for extended work. Almost all attorneys will give you a single, initial consultation either for free (they want your continued business) or in many cases no more than $100.00.
- Use an attorney as a coach. Prepare and file forms and negotiate with the other side on your own with the attorney giving you advice on the side.
- Demand letters for payment are relatively inexpensive — usually no more than $200.00.
But how do I pick a lawyer? The best approach is a referral from a contractor friend or a contractor's association. If that does not work, look at the business section of the Yellow Pages under "Attorneys—Construction law" or "Attorneys—Real Estate".
Here is a "sure fire" way to get one experienced in construction law — ask the prospective attorney: "Have you brought or defended a lien foreclosure lawsuit before? How many times?" To be involved in such a lawsuit, they have to be familiar with pre-lien and lien forms and law.
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