We had multiple liens placed on our customers' homes as there was a dispute with our concrete supplier. These invoices have now been paid but I gathered from their lawyer that they intend to try to collect attorney fees, recording fees etc that could easily equal $2000 per lien placed. What can be done about this?
First, it's worth mentioning that it's extremely common for a lien claimant to negotiate for attorney fees, recording fees, etc. when they're forced to file a lien. It makes sense, too, if they've had to take on the expense of attorneys and recording fees in order to simply be paid what they were already owed. Discussing the matter and agreeing on a lower fee may well be possible, but it's common for claimants to want to hold their ground. That's especially true considering Indiana has supported claimants' ability to recover those amounts via an enforcement suit: Indiana Supreme Court Awards Mechanics Lien Attorneys Fees.
With that being said, if the invoices giving rise to a mechanics lien have been paid, then the lien should likely be released. It's common for an owner or GC to demand for the release of the liens under threat of legal action. And, if necessary, suit could be filed to challenge the validity of the liens.
Call my office asap for a free consultation: Podlaski LLP 260-782-1712. Could have a claim for clouding title.