I have a homeowner who signed a contract for a project- We are the GC. The homeowner cancelled the contract 2 months later, after the allowed time frame given per the contract. Special Material was ordered and we are stuck with the bill for that material. It was not delivered / installed due to the termination, but I was wondering if we still have lien rights. We did not send a preliminary notice, as we are in direct contract with the homeowner who was funding the project himself. So no other party was involved. But I wanted to know if we have the rights to file a lien for the balance of the special order material.
There's a bit to unpack. You have 90 days to file a lien. Then you'll eventually have to sue to perfect that lien.
You might also have a breach of contract claim. Depending on the amount at issue, you could consider suing or go through the small claims process.