You may know the important role mechanics liens play in helping subcontractors and materials suppliers get paid for their work on building many construction projects. Mechanics liens may also be available for work that takes place underground, including underground utility work that’s done for wireless carriers. At Emalfarb Law and National Lien and Bond, our goal is to help our clients get paid for the work they do on construction and other projects. We’ve helped clients across all 50 states and Canada with construction-related claims. If you’re performing underground utility work that’s part of a cell tower or other construction project, we can ensure you take the steps you need to take to secure your future payments or recover past-due payments.
Underground Utility Work Is Often “Lienable,” Like Construction Work
Just because work on a project takes place underground doesn’t mean it’s not part of the overall construction project. In the case of a cell phone tower, for example, a significant amount of underground work may be needed to connect the tower to local utilities. Even if some of this work takes place in areas outside of the boundaries of the cell tower property line, the fact that it benefits the property and the tower being constructed on the property often means that a mechanics lien can be filed against the property (or the lease, or the tower itself) if you’re not paid on time for your work or for the materials you provide for the job.
Advanced Planning Is the Key
With any construction project, including those involving underground utility work, the key to securing your future payments is to plan ahead. It’s important to understand:
- Where the project is located, and what laws apply. Each state has its own mechanics lien laws that can differ significantly from one state to another.
- What steps you need to take, and when? In some cases, you may be required to notify the property owner before you begin work of your role in the project if you want to preserve your right to assert a mechanics lien if you’re not paid later. Knowing what you need to file and when you need to file it – whether it’s a notice that you’re working on the project or a notice that you’re about to file a mechanics lien – is vital to protecting your rights to get paid.
- What is your status in the project? Depending on the state, a sub-subcontractor may not have mechanics lien rights; in that case, there are other steps you can take to help protect your payment rights.
- What work you’ll be performing? Knowing whether the work you’ll be doing is treated as the kind of work that a mechanics lien can be filed for is important.
- Who the owner is. In situations where the owner is a governmental entity, you may not be able to file a mechanics lien but may be able to file a claim on a payment bond. In most cell phone tower cases, you’re working for a private contractor.
With any of these points, asking the questions before you wonder what to do because you haven’t been paid on time is most important.
Emalfarb Law and National Lien and Bond Can Help
At Emalfarb Law, we are devoted to helping clients in the construction industry get paid on time, making it easier for them to protect themselves in case they don’t, and collecting past-due funds. In fact, over the years, we’ve helped our clients recover more than $9 billion in past-due claims for contract work. We have a strong network of dedicated and experienced attorneys in all 50 states who understand the mechanics lien and collection laws that apply to construction work in their particular location. Working with us means working with professionals focusing on getting you paid.
We can help you in several different and complementary ways:
- We work with clients to develop in-house best practices to keep tabs on projects so they know when payments are late and what to do next.
- We help clients understand what steps they need to take to protect their receivables, steps that can vary depending on the project location, the owner, the type of project, and the client’s role in the project.
- We help prepare, serve, and file mechanics liens, payment bond claims, and non-payment lawsuits.
- We negotiate with owners and contractors on behalf of our clients from a position of knowledge and strength.
Contact Emalfarb Law and National Lien and Bond today at (800) 432-7799 or by using our contact form to schedule a consultation. Tell us about your company, and let us share how we can help you get paid.