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Can i file a contactors lien?

Wisconsin

Job Invoice was $16,710.00 with $1,500.00 deposit towards materials. then paid at the end of the job $10,000.00. leaving a balance of $5,210.00. i found out that he went with a different finished carpenter that is costing him 6K more. We were not permitted to move outside until the inside was approved by home owner, which it was, we moved to the outside, and completed the job. Homeowner was satisfied with work performed, then the payment was made in the amount of $10K. Homeowner at that time stated he had to hire another painter to fix what we didnt complete in his words, but we could not move to the outside until the inside was complete. All of the inside touchups were performed with him and his wife going room to room pointing out very minor touchups. At that point upon their approval we moved to the outside of the home to complete the job. This is a brand new constructed home. I can be more descriptive if needed, but this is a start. I also have various text messages and emails from homeowner in regards to this situation.

2 replies

Feb 13, 2022

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Feb 15, 2022
The ability to file a lien is different than having a valid claim. While your explanation suggest you may have a vaild legal claim, Wisconsin lien rights primarily consider notices and procedural deadlines. It sounds like you are a general contractor, so you must provide preliminary notice to the owner in the original written contract or within 10 days of starting work. There are a few exceptions, but the above suggests that you may not have lien rights. If you would like to discuss further, feel free to contact me through my website michaeljohnsonlegal.com for a free consult.
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