We are an Engineering firm that was contracted to redesign a bulkhead for a residential property by the property owner. We have completed 80% of the project and we have been unable to complete the reminder due to the lack of response by the owner. The last time we performed work on this project was 10/15. Are we outside our lien rights? If not, when do we need to send out the intent to Lien Notice? The person that requested the redesign does still own the property.
The legal analysis would start with a review of your contract, and then extend to any communications which have occurred.
An engineer who contracted with the owner has rights to file a mechanic's lien against the project, even if the design has not been completed (due to the owner's fault). The deadline for filing a lien affidavit is the 15th day of the fourth month after the month the claimant last provided labor or materials for the project (for a commercial project) or the 15th day of the third month for a residential project.
Under the circumstances that you describe, you cannot submit a lien for your entire contract, just the fair market value of the work that you performed. The fair market value may be 80% of your contract amount, but it depends on your particular circumstances.
Retain a construction attorney to evaluate your legal situation and to provide advice.
Good luck.