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Can I file a lien on the property where we spent money on material and labor?

I was a subcontractor on a small project, and never got paid the last remaining of $9,600.00. I told the owner of the property that the contractor has not paid the remaining balance ,but all she said, she would put a lawsuit on the contractor. Now I haven't heard from her or him. Should I wait and see how that plays out or could I place a lien on her property because she's the owner of the project and where material and labor was spent?

1 reply

Mar 9, 2020

As a sub, you don't have lien rights unless you properly and timely served the owner with a Preliminary Notice. Otherwise you just have breach of contract rights against the general contractor who hired you. If you did properly serve the owner with a Preliminary Notice, then you must record the lien within 90 days of substantial completion of the entire project (not just your work). The lien period could be shortened to thirty days if the owner recorded a Notice of Completion but I generally only find these on public projects.

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