Hello I have an owner who has tried to "terminate contract with cause" without due process, and their complaints are opinion based and the contract terms state that the Initial Decision Maker must certify that termination of contract is justified before a termination with cause is allowed. they did not get certification from the Engineer that it is justified. Now that I have taken all the risk and sacrifice to build their 3 story very custom home they have attempted to cut me out of due profits without considerable just cause. They plan to do the finish work easy part now without me. Question: as the prime contractor I don't need to send Notice to Owner to put lien on their property right? But also should I start a civil claim lawsuit for damages??? They seem brazen and dumb enough to actually start a suit against me as intimidation to hope I just go away, although I have not anything on those lines yet. None of it seems logical at this point, just emotional ambition to cut me out of it.
You have 90 days from your last date of work to record a lien. As long as you have a direct contract with the owner, then there is no need for you to have served a notice to owner within 45 days of your first work to secure lien rights. With respect to initiating a lawsuit, it is best you contact an attorney to analyze your claim with respect to likelihood of success.