We are a subcontractor and it is a private project. The general has filed a lien yesterday against the owner. We never filed a prelim (we are new to Levelset) and want to know our best course of action at this point.
1 reply
Apr 21, 2020
Unless there is a payment bond on the project, your primary recourse is going to be contractual claims directly against the general contractor. Exactly what claims are available and the procedures for making those claims will depend on the contract.
Although if the owner does not pay the general, you would also ultimately have a potential claim for unjust enrichment against the owner.
Continue to put pressure on the general to pay your invoice so that the general prioritizes you over other subs if partial payment is made. You might also consider sending a demand letter to the owner to apply pressure. And to ensure that the owner knows you are owed money.
It is positive that the GC is being proactive and has filed a lien. Encourage them to follow up with demands for payment now that the lien has been recorded. Remind the GC that it only has 90 days from recording the lien to file an action to foreclose.