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Can a commercial property I filed a mechanic’s lien against challenge it and accuse me of price gauging?

IowaMechanics Lien

I am in independent laborer and own a tree service removal business. I was called by a realtor company owner to do some Storm damage clean up and removal of trees from several of his Rental apartment complexes and was hired even after I told them there was no way to estimate the job and said it would be expensive because of the power lines and roofs and other factors that made the job a high risk and equipment needed. They asked me to do the work anyway and then piled even more jobs on me as it was crucial for their tenants to be safe and get out of there driveway , etc. There was no written contract or estimate to begin with because of the fast response they needed from me to start working, and I did work for them for almost 2 months without ever getting paid and now they are accusing me of price gauging but I have evidence that the independent tree services they hired to bid the work I already completed was even undercharged by me and were jobs they wouldn’t even be willing to do. I had every impression and text messages from the property manager that states how the work was greatly appreciated and well done and that the property owner had sticker shock when the invoice was turned in and now offered me a 1/4 of the invoice price to settle. I had bent over backwards for this company and am in huge debt now and financially struggling and mentally struggling. I need help because they are now challenging the lien and I only have a few days, I think, to “challenge” there “commencement”. I am a honest guy who is only trying to earn a living and trying to get paid for the work that i have completed already. The owner is making himself look like the victim and I have proof that he is lying to not have to pay. Thank you for your time in reading this! Thank you

1 reply

Jan 6, 2021
If the owner has made a written demand that you file a lawsuit to enforce your mechanic’s lien, you must file suit within 30 days of that demand or your lien rights will be lost. The lawsuit must be filed in the county where the property you worked on is located. If the total bill is below $6,500, then you can file in small claims court. If it’s more than that, you must file the lawsuit in district court. Unfortunately, the owner can assert whatever defenses it wants, including the price gauging allegation. Make sure you keep all the emails and notes, etc. you have for this job because you will probably have to use them in court. Depending on the amount of your bill, I strongly suggest finding a cheap local lawyer to file the lawsuit for you (unless you qualify for small claims court, in which case you can do that yourself).
 
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