Pre Lien was not filed within the time limit, can I still file a Lien? If not what other options do we have?
1 reply
Oct 27, 2021
You acquire lien rights for work performed 20 days prior to the mailing of a preliminary 20-day notice forward. So if you are still working on the project, send the preliminary notice. The amount owed for all of your work will not be secured by a lien, but at least some of it will.
If your work has been done for more than 20 days or you are at the very end of the project, you are out of luck for lien rights. However, that does not mean you are not owed money. You would have a claim for breach of contract against whoever you have a contract with, and potentially a claim for unjust enrichment against the project owner. Depends on the details. Whether litigation is worth it depends upon the amount you are owed and the strength of your case that you are owed what you claim to be owed.