I am an LLC general contractor that supplied labor and some materials through a remodel process and my client has terminated me for cause of endangering a timely completion of the project as I did not state one in my contract nor have I provided one- it’s nearly been three months come 14 July 2022 and I also don’t have a signed contract from the customer. What are my options for collecting payment owed before completion of the project? I told the customer what amount is owed immediately and for materials and the customer’s response was willingness to pay for the materials but not for the asking labor amount (for 70 percent of the contract price) that was last completed on 4 July 2022.
Give my office a call for a free consult, as I think we need more facts to assess what is fully going on here. 260-782-1712. In short, under IN law, if you are the general, you have 60 days from the date you last furnished labor/materials. You have to renew within a year to keep the lien alive and you must initiate a foreclosure action within 2 years from the date of filing (if you renewed), unless the owner initiates a 30 day notice in which case you have to initiate a foreclosure action within 30 days of receipt of notice. From what I understand, you do not have a contract for a home improvement. If the value is over $150.00, then you could be in violation of the Home Improvement Contract Act and be subject to a owner getting 3x damages and attorney's fees. There are deadlines that apply to lien's practice as well as notice and opportunity to cure and notice of deceptive acts/defects that have to be carefully followed to avoid liability and to ensure you are able to collect on your lien. We look forward to speaking with you. Best, Nick