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Are we able to file a lien?

IowaLawsuitMechanics Lien

I am a subcontractor based out of Everman TX. I began work for a General Contractor on 8/10/2020. The project was completed 8/22/2020. The project consisted of re-roofing at Condominiums located in IA. Upon completion of the work - the owner of the condominium showed me a copy of a check that was made payable to the general contractor I was working for. She asked for a signature for an unconditional lien waiver, at the time I did not know exactly what it was and, unfortunately the paper was signed. Now the general contractor won't pay the final bill. I have called and requested payment multiple times, but get the run around and harassment from owner of the contracting company. Any IA laws that can protect me and hopefully help me get the money owed to me? IE unconditional waivers needing to be notarized and stamped, proof of payment in order to waive your rights to lien and waiver be effective?

2 replies

Oct 2, 2020

Hello!

IA as in Iowa? Here's the Levelset guide to the Iowa lien process: https://www.levelset.com/mechanics-lien/iowa-lien-law-faqs/

Consider filing the lien on the property and immediately moving to enforce it. I am not sure of Iowa laws specifically but they will have to explain to a judge why they got an unconditional lien waiver signed by you and then refused to pay you.

You will have to sue to enforce in Iowa, though, under their laws.

E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com 

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Oct 2, 2020
There are no specific requirements for the form of a lien waiver, such as proof of payment or notarization. The language of the waiver will control the extent of the waiver. If the language of the waiver document properly releases your lien rights, you still have the option of a lawsuit against the contractor.
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