Who Can Sign a Mechancs Lien?

 In Mechanic’s Lien Law Updates and News

We all know a mechanic’s lien is a very serious legal document.  But how strenuous is the execution requirements?  In other words, who is allowed to sign the mechanics lien form?  Most people are surprised to learn these requirements are quite liberal and easy to comply with.

Basically, anyone in your office. It is a misconception that only the owner of the business or the person or persons actually on the job site can sign and file the mechanic’s lien. In almost all states, there is no statutory filing requirement at all. For example, the mechanics lien claim may be required to be under oath or with a declaration that the facts are true and correct, but this but a statue does not designate exactly who that would be. And in that absence, you could designate a person in the office who handles receivables.

Nor is this a problem in the minority of states which require the person signing to have personal knowledge of the facts. It doesn’t require exclusive or sole knowledge of each and every fact bearing upon the project.  So, again with the example of the person in charge of receivables—if there is some basic familiarity with the project, that would seem to be sufficient for a lien filing.

But a word of advice.  Designate one person to sign liens beforehand.  Make sure that person has a general knowledge of the project.  Then designate a substitute in case that person is not available or ill.  That should take care of the process.

So in answering the question: “Who signs a mechanics lien?”,  it is not as difficult as first expected.  Good luck.

 

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