I'm a subcontractor working as a Consultant on a large spec home. I am an S-Corp with only myself as an officer and file as worker's comp exempt. I was married in April and my husband wanted to help me on this job. We were both named as consultants in the contract. The homeowner doesn't want to pay me citing that I didn't have workers comp so am entitled to receive nothing from them. I have purchased about $5k worth of architectural grade panels that their installers installed. I have no labor in this house only time and material. Can I file a mechanics lien? My husband is not an employee and does not take any pay from my (ours now as when I filed my SOI with the SOS, he was put on as an officer)company.
You would need to consult an attorney to determine if you can file a lien. You must still be within the 90 day window to record a lien, and other factors go into whether you could record a lien under these circumstances.