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Can i file a lien on a company who subcontracted me to do the work on a property?

I was subcontracted to provide $27,000 worth of emergency disinfection services to a large commercial property. I was hired by a general contractor who had the agreement with the commercial property. My contract is with the general contractor. Please advise how to proceed.

1 reply

Mar 9, 2020

In order for mechanics lien rights to arise, there must generally be some permanent improvement to the project property. So, in order for work to be lienable, that work must typically provide some physical improvement to the land or the building. So, services like a cleaning service or maintenance work generally won't give rise to lien rights. Though, something more invasive or permanent might. Connecticut really hones in on whether physical enhancement has occurred when evaluating the right to lien. Though, if it could later be proven that the services provided laid the groundwork for physical enhancement, or that it was an essential part in the scheme of the physical improvement to the land, then a lien claim could be on the table.

Recovery options before pursuing a mechanics lien

Keep in mind that mechanics liens are generally considered the nuclear option. And, using some less-aggressive tools might lead to payment without the need for an actual lien filing.

Invoice reminders

For one, invoice reminders are a simple way to remind customers that they still owe you payment. And, often, prodding a customer is all that's needed to get them to do the right thing and pay what's owed.

Demand letters

Escalating things a bit with a payment demand letter can help you get paid, too. Good demand letters will include a deadline for making payment, and also include legal threats for what will happen if payment isn't made.

Notice of Intent to Lien

Finally, considering mechanics liens are so powerful, the mere threat of a lien claim carries plenty of weight, too. Sending a Notice of Intent to Lien lets a customer know you're serious and willing to do whatever it takes to make sure you're paid. Plus, if it's sent to both the GC and the property owner, that can help by getting the owner to put pressure on the GC to pay what's owed in order to avoid issues with the property title.

Connecticut mechanics lien resources

Of course, filing a mechanics lien is necessary, at times. So, if you decide a mechanics lien is right for you, then the resources below should be valuable. - Connecticut Mechanics Lien Guide and FAQs - How to File a Mechanics Lien in Connecticut | Step-by-Step Guide

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