What to do next
Identify the lien and notice deadlines now
Lien rights expire quickly and cannot usually be revived. Whether you're an owner facing a lien or a contractor preserving one, this is the most time-critical item in the entire dispute.
Work through the contract's process
Most construction contracts require written notice of delay or deficiency, and may mandate a defined dispute process before litigation. Following it protects your position.
Get an expert record of the problem
Independent engineering or quantity-surveying evidence on defects, delay causes, and cost is usually decisive. Document conditions before remedial work covers up the evidence.
Frequently asked questions
Can I stop paying if work is defective?
Only in line with the contract's provisions for holdback or set-off. Unilaterally withholding payment can breach the contract and trigger a lien or claim against you.
What is a construction or mechanics lien?
A statutory claim registered against the property securing payment for work or materials supplied. It's powerful but subject to strict, short deadlines.
Who is responsible for delay?
It depends on cause and on contractual risk allocation — weather, changes, and design errors are treated differently. Contemporaneous records are what decide these arguments.
Is arbitration common in construction?
Yes. Many construction contracts require arbitration or a staged dispute process, so check your clause before starting court proceedings.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.