I am a general contractor half way through a addition and remodel the home owner decided I was to expensive. She took over paying the final bills to the last of the subcontractors I had brought in. She told me she would find another to finish the job. She will not pay me for the remainder of the window replacement. She is now saying she is not pleased with the work that one of the subcontractor did. But she paid him directly from her and not through me. She says she is not going to pay because she has paid me already and wants a hole list of stuff redone. Do I have legal grounds to file a lien and possibly take her to court over her not paying.
Dear General Contractor,
As to filing a construction lien (a/k/a mechanic's lien), if you timely filed a proper Preliminary Notice on the Utah State Construction Registry (commonly known as the "SCR") (link: https://secure.utah.gov/scr/guide/index.html), you may have the right to file a lien, assuming, of course, you are still within 180 days of final completion of your "original contract" (defined by Utah statute) or within 90 days of a proper Notice of Completion for the project filed on the SCR.
As to filing a lawsuit, you could file a collection action regardless of whether you file a lien. If your claim is $11,000 or less, you could file in small claims court. Otherwise you would need to retain an attorney to file a lawsuit in district court.
Questions? All the best to you in collecting your money.