We finished a project (Monsaraz Inn) and we submitted the invoice for 10% retainage at May-2021. I was following with GC on the invoice and we were notified by email that they are negotiating with client and the work on the project was completed on June 23, 2021. We released the Notice of intent to lien by August 16. On August 20, we received a back charge for LD on this project by GC about $84k. I just wanted to add the following information: 1. No where in the Contract agreement is there any notice of Liquidated damages. And a cost which goes with it. 2. The Back Charge has no where indicted in the months and months of emails that we are causing a delay to the project. In addition, nowhere does it tell us we are being charged a delay cost for the day indicated with the exception of the Change order we just received. At this point, can we procced the Lien ?
I think your answer will depend on a few things and it's probably better to call a construction attorney to talk it through. Some factors that might affect your lien and/or breach of contract rights are the contract langauge (which you talked a little about), the language of the release you gave, whether you are still owed any money, and more.