I contracted with my client ( Dan ) to consult with him to build his house. He wanted to be the GC to save money and I was to be his coach ( Consultant ) I own and operate MNJ Consulting by Design. ) I ended up going way beyond the ordinary scope of consulting to actually preforming 95% of the GC duties. Dan is not only contracted with me but also with all of the subcontractors who built his house. He owes them money as well. No harm in that except that he owes me invoices for labor and fee dated back to Oct 10th 2021. To the tune of around 10,000 dollars. He ripped up my last past due invoice in November. I want to get paid. His house is almost complete. No CO yet. He just needs his final plumb, electrical and building final inspections. Dan is in his 70's and is a very angry man and he thinks he is being ripped off by all of the subs and also by me. He is quite possibly Bi Polar. I put together his budget and he is 90 + K under budget and ahead of schedule. He is funding his construction project out of his pocket. He had been paying his bills but all of a sudden he decides not to pay any of us. Can I lean his house?
Are you licensed as a general contractor where you provided services? If so, you may file a lien but a key question for your construction attorney would be the amount of the lien. You state you essentially provided general contractor services. That requires a license in that jurisdiction. If you did not get a license, the contract to provide services for which a license is required is void and unenforceable.Further, the unlicensed individual is not entitled compensation.
I very strongly advise that you hire a construction attorney before you consider filing a lien as an invalid lien can lead to various legal actions.
I will not provide a legal opinion on your claim that you are licensed through this person. That is something that you should get from your attorney.
The timing on when you must file a lien is simple. If the lien is claimed for labor or work by the day or piece, but without furnishing materials, the lien must be filed after the last labor for which the lien is claimed has been performed, but before two months pass from the day the improvement is complete. For all other mechanics’ liens, the lien must be filed before four months have passed from the day the last labor was performed or the last material furnished.