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Can we file a lien fora job we have not performed any labor on?

We are a subcontractor and have a job that we have not started any labor on, but we have paid our suppliers for material. The general contractor is not responding to our emails and we are concerned we are going to have an issue getting paid. Can we file a lien if there has not been any labor on the job?

1 reply

Jun 10, 2020

Mechanics lien claims can be filed for providing labor, materials, or equipment to the job (as well as some other services, to boot). So, if you've delivered supplies to the project but not been paid for them, then lien rights may well be available. However, simply paying for supplies likely won't give rise to mechanics lien rights. It makes sense, too - subs and suppliers are entitled to file a lien against the owner's property when that property is improved but the work, materials, etc. isn't paid for. But, if no improvement takes place on that owner's property, then allowing a lien there for supplies never used wouldn't be very fair. This is especially true when those materials can be repurposed or used on some other job. With that being said, claims against your customer could potentially be available if they've breached their contract with you or if you've provided them with services or goods they didn't pay for. And, sending regular invoice reminders, payment demand letters, or even pursuing legal claims could help to get paid. Plus, if mechanics lien rights are available or even if there's some gray area about whether they're on the table, sending a Notice of Intent to Lien could get their attention, too.

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