We fabricated (2) Kiosks for a client, he paid the balance of $26,820.00 When his transport company picked up the units. The following day they put stop payment on the check. What is my recourse in this matter?
Oct 11, 2018
I'm sorry to hear about that. Mechanics liens secure payment for construction work performed and unpaid - but mechanics liens secure payment by encumbering real property (meaning: real estate). When work performed results in movable property - such as a kiosk that is moved off site - a mechanics lien might not be the most appropriate remedy. However, regardless of whether filing a lien is an option, sending a Notice of Intent to Lien could be effective. Basically, this document acts like a warning shot and informs recipients that, if payment isn't made and made soon, a lien will be filed. Considering a mechanics lien is such a drastic remedy, owners typically cannot afford to call a sender's bluff. You can learn more about that document here: What is a Notice of Intent to Lien? Of course, just because a lien might not be an option doesn't mean other options for recovery won't be available. For one, a demand letter is often effective to compel payment. Sending a letter that threatens specific legal action if payment isn't made can be very effective, especially when sent through an attorney. Alternatively, you could assess whether a lien on the kiosk would be an option - though this would not be done via the mechanics lien process and may require a judgment in order to place a lien. Finally, if all else fails, you could also send this claim to collections or file a lawsuit over the dispute.