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Can I lien the house that builder sold if he still owes me for work I did on it?

I am a painting contractor owed by a builder who sold the house we painted. Can I lien the new owner for money the builder has not paid me. Also I did not originally file a preliminary notice on the job. Can I file notice for the recent work we did only, since that is what he owes me for. He paid me up until the end of the job, which was a huge house that sold for $26,000,000.00. He owes me about $24,000.00 for Epoxy coating on a 10 car garage which we just did a couple weeks ago. He also owes an additional $22,000.00 from the original work but I stupidly signed a unconditional progress draw release on that amount. The more recent work I only signed a conditional release. Please advise. Thank you in advance! David

2 replies

Jun 16, 2020

Failure to send preliminary notice bars lien rights unless: 1. You had a direct contract with the owner (even if that owner was also the builder). 2. You have a way to demonstrate that the previous owner had actual knowledge that you were working on the project. Usually must be some form of written documentation. The unconditional waiver wipes out any lien rights to the $24K. But if you have not been paid, you still have a breach of contract claim against the builder. As to the $22K, your lien rights would only survive the sale of the property if there is still time to record your lien. You have 90 days from project completion by all trades (absent a notice of completion) to record your lien. So if the project was completed less than 90 days ago, record your lien ASAP. If it has been more than 90 days, then you are out of time to record a lien. But you can still pursue the builder for breach of contract etc. If you require legal assistance email me at ryan@huntortmann.com to schedule a free consultation.

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Jun 17, 2020

And as for the $24,000.00 for epoxy coating you just did a couple weeks ago, immediately serve a 20-day preliminary notice with respect to that work, as that notice reaches back 20 days from the date of service. If you would like to discuss, feel free to call or email. Thanks, Andrew Carlton & Alberola and/or Andrew Carlton have not been retained by the recipient of the above comment and, moreover, the above comment does not create an attorney-client relationship. The above is general commentary based on limited and insufficient information. If you wish to obtain legal advice, please contact Andrew Carlton at 949-954-6666 x101, or by email at andrew@cnalawfirm.com.

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