We are contractor and the roofing co hired us to do the work over 100k . The homeowner wont approve the liability settlement to pay for the work done through the roofing co claim. Can we just file a lien or do we need to file an intent
The statutes do not require you to serve an intent to lien. You can just record a lien as long as you have completed your work on the project and had timely served a preliminary notice on the owner. However, sending an intent to lien or a demand letter from an attorney can be effective at provoking payment without having to record a lien.
no prelim was filed. and now we're 5 days from lien deadline. the actual HO is issue
can we file the intent and lien at the same time?
You can send an intent and record a lien at the same time. The intent to lien has no legal effect on your lien. But your lien will not be valid if you didn't timely serve a preliminary notice unless you had a direct contract with the owner. Your original question said you were hired by the roofing company, and I assume you didn't have a direct contract with the owner. If you can't record a valid lien, you can still file a lawsuit against the roofing company for breach of contract. You may be able to recover significant interest and your attorney's fees.
Thank you. I have spoken with the homeowner. They're made and in litigation with the roofing company and won;t sign off on the liability settlement so we can get paid.
Sounds like you might want to file a lawsuit against the roofing company to preserve your rights.
thank you for your help