The owner ‘s rep was paid in full before we fired a result of not performing and the project seriously over budget. He was paid in full but still wants money for the months not worked. He is listed in the AIA contract as the owner’S rep but has no formal contract. The AIA contract is with the construction company. He did not send the mechanical lien to us the owner but rather the bank who holds the construction loan.We are hoping to find the process to get a release without having to spend a great deal of money on legal fees.
I can imagine this is a frustrating position to be in. First thing would be to review the lien to ensure the owner's rep had lien rights and that the rights were properly perfected. After that, one option would be to force the owner's representative to file suit to enforce the lien. Another option would be to bond off the lien.
Please call me at 614-223-9329 or email me at ekjellander@beneschlaw.com if you would like to discuss further.