We had new windows installed on June 18th 2020. The job was never completed as they didn't have enough material and the windows were not to contract size as well as installed backwards and upside down. the job stopped on June 18th 2020. The owner of the company came out to look at the issues in August 2020. We have been in contact with the owner of the company since then and have not come to an agreement. A Preliminary lien was never placed or sent until last week March 2021. The lien was filed 3/24/2021. Is this valid? The Lien also leaves out my husbands information and only states me as the occupant of the home. Our job was financed and they never sent the finance company a payment demand.
If you hired the window company directly preliminary notice is not required so this likely will not be a defense to the lien. But if the last date of work was June 18, 2020, they cannot file a lien at this point as they only have 90 days from project completion to record a lien. In the case of an incomplete project, the project is deemed complete for lien purposes after a continuous cessation of labor for 60 days. So assuming that work stopped June 18, 2020 and did not continue, the project would have been considered complete for lien purposes about August 17, 2020 and the last day to record a lien would have been about November 15, 2020.