The homeowner has been holding on to my equipment and not allowing access. I have been locked out of the project because the homeowner was insulted that we did not continue working while working out the estimate and payment arrangements with the insurance company who has yet to pay us a dime. Now the homeowner has given me ultimatums in order for me to retrieve my equipment. I am at a loss.
Hello,
Send the Owner a demand letter. In it make claims to breach of contract, quantum meruit/promissory estoppel, violation of the Prompt Payment to Contractors Act, and conversion (for theft of your equipment).
If they don't respond in a timely fashion, sue them.
E. Aaron Cartwright III
214.799.0776
Aaron@EACLawyer.com
Also, if it is recent then yes, you can absolutely file a lien. Just make sure you've got the right paperwork if this is a homestead.
-Aaron