We have the executed original/base contract with the HOA management company representing the HOA for the particular property at $X amount, for a water damage reconstruction project. We are the prime/general contractor on the project with no subcontractors. No preliminary notice was sent or filed. During the course of construction, the unit owner/designee asked for upgrades and work not covered by the HOA. As a matter of service and courtesy and to address their sense of urgency, we had verbally accepted to perform the work at their agreed-upon amount of $Y, which is only a third of the original/base contract amount. Because of their sense of urgency, we missed and did not secure a signed change order for the $Y amount. All of the work was done successfully to include the change order work. Can we still lien the property? It's been passed 90 days. But what if it is within 90 days from substantial completion? We appreciate your time and efforts. Thank you.
If my guidance or suggestions are unclear or I can further assist your company with any unpaid invoices, please feel free to call or email. Remember, while perfected lien rights do afford a more direct path to payment, my firm can succeed for you even when lien rights have expired or were never pursued.
Mike Ross Miller, Ross & Goldman mross@mrgpartners.com (512)275-6412 Direct https://www.mrgpartners.com/levelset