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Can I file a lien on storage fees?

Oregon
Anonymous Material Supplier

we are a manufacturer in OR and ship materials to customers all over the US on mutually agreed upon dates. Sometimes customers ask us to postpone shipping and store the materials for a period of time which we do for a fee (customer is made aware). If the customer subsequently pays for the materials but won't pay the agreed upon storage fees, can we file a lien on just the storage fees?

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Levelset Admin at Levelset
| 9 reviews
Mar 17, 2023
Probably not. Maybe try collections. 
Disclaimer: Levelset is not a law firm, and my comments and the comments of other Levelset employees should not be interpreted as legal advice.
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Anonymous Material Supplier
Question Author
Apr 5, 2023

Please have an attorney respond to this question. OR allows liens to be filed on storage fees in Oregon. If we stored the materials for a time in OR, then shipped them to NY, and the customer in NY paid for the material but is refusing to pay the storage fees, can we file a lien in NY for those fees?

As an fyi, the customer advised they knew there was a fee for the storage and asked us to add it to their final invoice, so there is an established written contract.

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Levelset Admin at Levelset
| 9 reviews
Apr 5, 2023
Thank you for providing more details. Generally speaking, if a mechanics lien is to be filed against a jobsite in NY, then the mechanics lien laws of NY govern. This is because the lien attaches to the property/jobsite itself. If you would like to speak to a New York attorney promptly about this issue, it may be more prudent and efficient to call one at their office. Here is Levelset's directory of NY attorneys: https://www.levelset.com/payment-help/experts/construction-lawyer/new-york/. If for any reason it turns out that you do not have lien rights in this situation, there could be other options availible to you through an attorney or collection agency.
Disclaimer: Levelset is not a law firm, and my comments and the comments of other Levelset employees should not be interpreted as legal advice.
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