Unfortunately, though, you cannot recover your unpaid fees from your own liability carrier. If you committed an error or omission, it may be both a defense to your fee claim, and an independent claim for damages - the worst of both worlds. If so, you would be out of luck without some other way to get paid. In most states, the law provides the right to a mechanics lien for debt incurred in the improvement of private real estate. Used carefully, the lien can force a sale of the property, generating either leverage or cash to pay you.
Real estate holds a special place in American law.
Along with due process of law and freedom of speech, the right to own and transfer real property is held among the most important American legal freedoms. The law has developed complex rules governing real estate financing, including the ability to borrow in exchange for execution of a note and mortgage. Construction on real estate is also recognized to provide an improvement to the real estate, for the benefit of its owner. For this reason, the law of nearly every state has developed a mechanism to allow owners to finance development and construction, while balancing the rights of those entitled to be paid for improvement of the real estate. Mortgages provide a familiar example of a similar procedure.