A dealership that is in court cannot pay bills they’re being sold they will not pay me but the dealership in New Jersey says they will pay me when this is out of court what do I have to do to guarantee my money
Dec 18, 2018
That's a fair question. Whether or not a landscaper will be entitled to lien rights can vary greatly depending on the state where work is performed and depending on the exact type of work performed. That is - general landscaping upkeep will typically not give rise to mechanics lien rights. However, more permanent, substantial undertakings - like installing landscaping - might give rise to the right to lien. But again, that will depend on the state. Looking to § 570.1107(1) of the Michigan mechanics lien statute, "Each contractor, subcontractor, supplier, or laborer who provides an improvement to real property has a construction lien upon the interest of the owner or lessee who contracted for the improvement to the real property..." Looking to the definition of "Improvement" under § 570.1104(5) - improvement means "the result of labor or material provided by a contractor, subcontractor, supplier, or laborer, including, but not limited to, surveying, engineering and architectural planning, construction management, clearing, demolishing, excavating, filling, building, erecting, constructing, altering, repairing, ornamenting, landscaping, paving, leasing equipment, or installing or affixing a fixture or material, pursuant to a contract." Thus, under the Michigan mechanics lien statute, it would appear that landscaping work can give rise to mechanics lien rights. Of course, it's worth noting that there are strict notice and deadline requirements surrounding Michigan mechanics liens, and before deciding to file a lien, it's important to be sure that the right to lien still exists. You can learn more about those requirements with the following resources: Michigan Lien and Notice FAQs and the zlien Payment Rights Advisor. Finally, considering this sounds like a pretty complex situation, it might be worthwhile to reach out to a local attorney to discuss options for recovering payment in your situation - they will be able to take a deeper look at the circumstances of your situation and provide advice on how best to proceed.