Washington DC Mechanics Lien Form

Subcontractors on commercial projects in Washington DC are generally entitled to file a mechanics lien when they've gone unpaid for their work. Note, though, that the deadline to file a Washington DC lien is 90 days after the completion or termination of the project. And, if the GC has been fully paid, that will limit the availability of lien rights, too. If you think a mechanics lien is right for you, this should be a useful article: How to File a Mechanics Lien in Washington, DC | A Step-by-Step Guide to Get You Paid. Note also that the mere threat of a mechanics lien will often lead to payment, too: What is A Notice of Intent to Lien And Should I Send One?

When a customer fails to pay what you're owed, leveraging mechanics lien rights is often a great route for forcing payment. While mechanics lien rights may sometimes be limited when work is being done for a tenant, in a situation where the property owner/their management company has explicitly authorized the work, lien rights are likely available against their ownership interest. More on that idea here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement? With that being said, jumping straight to a mechanics lien will usually be a bit premature. For one, reaching out to the property management company and explaining the situation might be a good first step. Additionally, sending formal invoice reminders to both the customer and the management company might be useful, too. If they won't be reasonable, then threatening to file a mechanics lien could be a powerful option. Sending a Notice of Intent to Lien to the owner, the management company, and the tenant will get their attention and force them to resolve the issue and get you paid. What's more, threatening legal action against the customer who's spent your check or against the management company could be an option, too. Claims like breach of contract, unjust enrichment, or even a claim like conversion might be appropriate. And, sending a demand letter threatening claims such as those could push for payment, too.

Additional resources

Of course, in some cases, claims will have to be made. For more on how to file a Washington DC mechanics lien: (1) How to File a Mechanics Lien in Washington, DC | A Step-by-Step Guide to Get You Paid; and (2) Washington DC Mechanics Lien Guide and FAQs. Or, to discuss your options with a local lawyer, one of these attorneys may be able to help: Find a Washington DC Construction Lawyer.

A Washington DC mechanics lien is only valid for 180 days after the mechanics lien was filed. If an action to foreclose the claim isn't initiated within that timeframe, the claim will expire and no longer be enforceable. Before deciding to file the lawsuit there is one more step we recommend, sending a Notice of Intent to Foreclose. This is simply a letter stating that if you aren't paid within a certain amount of days, that you will file a foreclosure action. This isn't a required notice in DC, but it is typically effective at inducing payment before having to go to court. Here are some additional resources:

• How to File A Washington DC Mechanics Lien | A Step-by-Step Guide to Get You Paid
• 4 Steps to Take After Filing a Mechanics Lien