If you’re a subcontractor or supplier working on one or more cell tower projects, you understand better any anyone how your most valuable assets may consist of the money you’re owed for the work you’ve done or the materials you’ve supplied. You rely on getting paid when and as promised to help keep your business liquid and prospering. At Emalfarb Law and National Lien and Bond, our laser-like focus is on helping our clients get paid, and a big part of that involves working with clients to put business practices in place that make it more likely that they’ll get paid what they’re owed when it’s due.
Mechanics Liens and Cell Towers
In most cases, mobile phone operators do not own the cell towers where their transmitting antennas are mounted. A third-party cell phone tower company typically owns the tower and leases space to one or more mobile carriers.
That company may either own the property on which the cell tower sits or have a long-term lease for the land. In other cases, the company may use an existing structure, such as a building or water tower, lease space on the structure from the owner, and then add structures for mobile phone antennas to lease to cell phone companies.
Depending on the underlying situation, protecting your right to get paid for work you do for whoever owns the cell phone tower requires paying close attention to the details of your job. In particular, you’ll need to focus on the location of the job, your role in the cell phone tower erection project; who owns the property on which the tower sits, and who owns the tower itself.
Mechanics Lien Against the Property
In some cases, it may be possible to file a mechanics lien against the property on which the cell phone tower sits. However, whether and how you do this will vary from one state to another. At Emalfarb Law, our affiliated company, National Lien and Bond, can help you identify the mechanics lien requirements for every state in the union.
For example, some states require you to notify the owner in advance that you are working on the cell tower – even before any payment becomes due –to preserve your ability to file a mechanics lien later on. Different states have different time limits for filing mechanics liens after your work on a project is complete.
Mechanics Lien Against the Lease
In other situations, you may be able to file a mechanics lien against the lease that the cell phone tower company has for the property where the cell phone tower is being built. This can be an effective way of getting paid because most leases will treat a mechanics lien filed against the lease as a breach of the lease terms.
Mechanics Lien Against the Tower
In some states, you may be able to file a lien against the cell tower itself. This is because the tower will often be considered removable property; foreclosing on the lien could mean the cell tower owner loses the structure.
Emalfarb Law and National Lien and Bond Can Help
At Emalfarb Law and National Lien and Bond, we regularly help clients involved in cell tower projects recover what they’re owed for their work or materials they’ve supplied. Our nationwide network of skilled lien and bond attorneys means we can help you protect your receivables no matter where you or your project are located.
In one recent case, we helped a national cell tower provider with lien and bond claims in 16 different states against the same customer. Claim proceedings needed to be filed in each state, and we were able to handle each one through our network of skilled lien and bond attorneys. When it came time to negotiate a settlement, coordinating all 16 claims meant that we could efficiently work to resolve all of the disputes to our client’s satisfaction.
Whether you have one cell tower project or dozens, Emalfarb Law and National Lien and Bond can help you develop strategies to make sure you’re getting paid on a timely basis for the work you’re doing or the materials you’re supplying for your jobs. We will advise you of the proper steps to take at the right time, depending on where your project is located and your role, so you can protect your receivables if you’re not paid on time.
Call Emalfarb Law and National Lien and Bond today to learn how we can help, no matter where you and your projects are across the US. Call us at (800) 432-7799, or use our contact form to schedule a free consultation with one of our skilled professionals.