Construction Liens & Disputes

When it is necessary to file a mechanics or materialmen lien, you seek a Kentucky construction law firm that understands the deadlines and legal requirements for making your claim successful.  The construction law attorneys at the Obi Law Group represents many national and local material suppliers, general contractors and specialty subcontractors in enforcing their lien rights throughout the state of Kentucky.

We have deep experience filing liens.  There are many different terms to describe the types of liens which we regularly file on behalf of our clients such as “materialman liens”, “mechanics liens”, “construction liens”, “contractor liens” and ” subcontractor liens”,  but when we file liens, we are helping our clients with payment issues on their projects.  Of course, we hope that our clients receive their payments voluntarily; however, when that does not happen, our decades of experience and our successful track with prosecuting and foreclosing upon liens set us apart from other law firms.

Our clients rely on the Obi Law Group’s attorneys and staff to file their lien claims, to litigate the lien and payment issues, to timely perfect the lien and, if necessary, foreclose against the lien. The Obi Law Group can efficiently and professionally handle all aspects of your lien claims anywhere in Kentucky; contact us today to file and preserve your claim of lien before the your rights expire. Examples of our Kentucky lien services include:

• tracking & sending Notices to Owner (NTO’s)
• filing preliminary liens (pre-liens)
• filing mechanic’s liens and materialmen’s liens
• perfecting mechanics liens and materialmen’s liens
• filing & litigating lawsuits, including the following:
  • breach of contract claim
  • constructive trust claims
  • commercial collections
  • damages-for-delay claims
  • equitable liens
  • foreclosure of mechanic’s liens & materialmen’s liens
  • liquidated damages claims
  • personal guarantees
  • private payment bond claims
• arbitration & mediation of lien claims
• other matters related to your Kentucky lien claims

Complex construction litigation can be very expensive and time-consuming; suing for retainage or final payment can also be expensive and postpone payments. Fortunately, several alternatives exist including arbitration and mediation, the Obi Law Group can represent any claim before a construction mediator or arbitrator. 

Many construction contracts require arbitration or mediation, and when we draft contracts  for our contractors or subcontractors, we typically include an arbitration or mediation provision as an alternative to litigation. Even if a contract does not specify that the parties must arbitrate or mediate their dispute, alternative dispute resolution can still be a very useful and efficient mechanism to resolve disputes and avoid costs and delays associated with traditional litigation. Alternative Dispute Resolution (“ADR”) gives our clients options in dispute resolution that maximize their own control and minimize the impact of an inevitable conflict. The Obi Law Group assists businesses and individuals in avoiding protracted litigation and its resulting costs and burdens.

We firmly believe that the best resolution of a dispute is one that derives from the parties’ own decisions, and we offer experience in all forms of alternative dispute resolution throughout Kentucky including the following:

Mediation:

Through the mediation process, we assist the parties in arriving at mutually beneficial resolutions to their conflicts. Our mediation can be effective at any stage of litigation, from its initial stages to an appeal following trial. Construction mediation can foster trust and collaboration through strict confidentiality in a controlled environment. Typically, mediation is not binding; thus, when a resolution is reached, it is voluntarily agreed to between the parties. When voluntarily undertaken, mediation gives the authority back to the parties to quickly and can satisfactorily resolve disputes.

Mediation can be the least expensive method to resolve a dispute. Although an attorney must prepare for mediation, most of the evidence regarding the claim is introduced to the mediator very informally–often it is from direct testimony from our clients’ or their project managers. The other parties involved are usually in a separate room and the mediator conducting the proceeding is able to keep confidential information from the other party.

Mediation is frequently scheduled within a few days or weeks of the parties agreeing to mediate their disputes; since the resolution is ultimate voluntary, the resolution is rendered quickly and allows construction projects to move forward or require payment to be made.

Arbitration:

When greater intervention is desired, entities often turn to arbitration to resolve disputes short of litigation.  Whether binding or non-binding, arbitration offers parties the opportunity to competitively present evidence to an independent decision-maker and obtain a prompt result.

Construction arbitration is similar to litigation; however, it typically occurs more quickly and easily.  The rules governing how the arbitration proceeds impacts the length and the costs of the proceeding.  Frequently, there are opening arguments and then the party who moved for arbitration proceeds with their attorney leading the proceeding with witnesses and documents; then, the other side has an opportunity to present its case for the arbitrator’s consideration.  Ultimately, the arbitrator renders a decision which, if binding arbitration may be enforced legally if necessary.

If you are seeking to avoid litigation in Kentucky through alternative means, please contact the Obi Law Group at 502-495-3021 to review your ADR options and opportunities.