Category Archives: construction lien laws


Thomas Jefferson: The Founding Father of Mechanics Liens

When we think of our laws relating to construction, we generally think of them as something that have evolved over time, and that were generally enacted in the 20th Century.  Who knew, though, that the mechanics lien was introduced through Thomas Jefferson: founding father of the United States of America?
That means is that protection through construction lien laws is certainly not a new, or even a recent, development in the law.  During a time where the mechanics lien filing is being constantly revised across the nation in reaction to the economic crisis of 2008, it is interesting to know that Thomas Jefferson first introduced the Mechanic’s Lien Act in 1791 to encourage construction for what would be the nation’s capital in Washington, D.C. The Mechanics Lien Act of 1791 was introduced in Maryland, and the idea behind it was the same as today: to provide protection to contractors and tradespeople. The mechanics lien laws, then as they do now, provide the laborer, contractor, subcontractor or materialman an alternative to suing for the work they performed and the value they add to the development of real estate.
But the mechanics lien law has had a curious side effect: while it aims to protect contractors and subcontractors, the construction lien laws increased the capacity of capital markets by “allowing” a landholder to use his land as security for improvements. Thus, the mechanics lien law benefits not on the person who performs work on the project, but also the owners and the financial institutions that fund the projects. 

We’ll never know whether Jefferson ever realized all the benefits of allowing the filing of mechanics liens, but it is just another example of the ways he influenced our Country for the better.

Are You Up to Date?

Changing Mechanics Lien Laws Available Online at LienItnow.com

Staying up to date with constantly changing construction lien laws will allow you to secure your lien rights on any project, without having to worry about changes in notice and deadline requirements.  Lienitnow.com provides a database of construction lien statutes for every state, and this information is updated as the laws change.

North Dakota is one example of a state that recently altered its filing and notice requirements.  Up until the beginning of 2012, North Dakota’s Century Code 35-12 dictated that a “Mechanic’s Lien” as well as a “Notice of Intention to File a Mechanic’s Lien” be filed with the county recorder’s office.  As of February 2012 this code has been repealed and replaced with Century Code 35-27, which dictates that a “Construction Lien” be filed with the county recorder and a Notice of Intention simply be served on the owner and contractor.  Although the change in document name is small, it could be the difference between filing a valid or invalid lien.  The problem arises from the fact that most clerks will file any document given to them as long as the formatting is correct.  This includes documents which are not described in state statute.

One benefit of our service is that we are aware of the changing requirements in each state.  We know that it is important for a contractor, subcontractor, or service professional to have access to the latest statutes at any time.  We urge anyone who is looking to secure his or her lien rights at any point during a job to take a look at our website.  The ability to be informed and prepared is something we strive to give our clients and potential clients.