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Customer is asking why we intend to file a lien when the CO has been issued


We finished the work in February. In April, due to the pandemic, we gave the customer additional 60 day extended terms. We missed the deadline for notice to owner because we didnt have the service. I started the process, and the contractor is questioning if I have the rights to file a claim if the CO is issued. Can I still legally file a lien if we have not been paid. Invoice was issued 2/12. Original Due date of invoice 3/12. On 4/8 they asked for more time to pay. We agreed, does that restart the clock?

1 reply

May 17, 2020
Who is the customer? If your customer is not the owner of the property and you did not serve a notice to owner, then sounds like you did not properly preserve lien rights. Further, your deadline to record a lien is 90 days from your final furnishing of work on the job exclusive of punch list and warranty work. It isn't triggered by the payment due date or the certificate of occupancy. If you finished work prior to 2/12 based on your final invoice date, sounds like your lien rights are expired.

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