Alternate Remedies to Construction Liens

An equitable lien is a remedy, or cause of action recognized by equity, which gives a lienor a right or special equity in a particular fund or real property in order to prevent inequity or unjust enrichment of one party over another.

Repossession of materials from a project may be accomplished in the following two (2) situations:

  • If the job is abandoned before completion; or
  • The improvement is completed but the materials are not used (have not been incorporated).

In either of the above situations, lienors may repossess their materials if they have not received payment therefore, and so long as they do so without a “breach of the peace.”