We final billed a client, who is a GC, that has reliably paid us at the start of the project. We final billed them over 60 days ago and then for the retainer over 30 days and have not received payment. Our contract with them says they pay within 10 days of receiving payment from their client. They have been open about when they and when they have not received payment from their client. The owner of the company is concerned about his lien rights in this situation. How should we proceed?
As long as you have complied with all of the NRS 108 prerequisits, you need to record your Notice of Lien within 90-days of the completion of the Project, or 40-days from the owner recording a valid Notice of Completion. If you miss this deadline, your Notice of Lien will not be valid and it cannot be enforced. You can always release your lien after you get paid or work out a deal with the GC and Owner, but you cannot record a valid Notice of Lien after the deadline. If you still have some time before these deadlines occur, I would suggest you schedule and meet with a construction attorney, so you can get specific advise as to how to proceed on this matter.
Thank you for your response!
You are very welcome. I wish you the best of luck.