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Does Mechanic's lien apply to management consulting services?

I am a small subcontractor for a large, international IT company based in California providing services via a middle man. It's just me and my employee. We are delivering consulting services - ongoing intellectual work. The direct contractor is not paying my invoices. There are no objections to the quality or timeliness of our work - the IT company is very happy and we constantly get super positive feedback. I know that the IT company pays the middle man on time, yet I am not being paid. 1) Does the Mechanic's lien work in my case? 2) If so, what counts as date of work delivery? The project does not have milestones - it's an ongoing work. Some of my invoices are delayed over 90 days now. Does the delivery date count as an invoice date?

1 reply

Jul 2, 2019

That's an interesting question, and I'm sorry to hear that you've had some payment trouble here. That being said, mechanics liens rights arise for construction-related work that permanently improves real property (like land or buildings). While payment might be owed for some other services provided, and while there may be a number of potential remedies available to get your hands on that payment, if no construction-related work was performed, generally mechanics lien rights won't arise.

For payment disputes outside of the construction industry, there are some other online options that should be helpful. Specifically, Avvo.com and JustAnswer.com provide the ability to ask lawyers and other professionals questions and receive legal advice and information tailored to the question at hand - beyond the construction industry.

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