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Filing Liens

AlabamaBack ChargesBond ClaimsMechanics LienSlow Payment

I am a steel subcontractor working on a public job in Alabama. I have two separate "contracts" for this job. A purchase order for the steel materials and a subcontract for the steel field erection services. The GC has had all kinds of problems on this job and is likely facing some liquidated damages. As such they are looking for every possible pocket to back charge including mine. No matter how false the claims, they are using a "throw it against the wall" approach and see what sticks. Yesterday the informed me they are holding payment until they can confirm or argue many of their so called "back charges" for delays. So, I would like to file liens to protect myself. (a) do I need to file separate liens for the PO and the subcontract? I would think I would? (b) I currently have billing that is 20 days past due and more coming due in about 15 days. Can I only file for the past due amounts or should I file for all amounts due? Thanks,

1 reply

Oct 15, 2021
If you have two contracts, two liens is probably the best route to go, as you are acting as both a materials supplier and a subcontractor based on those contracts. The strategy of how to lien it is probably something that requires more information than what I have above. I would need to know 1) the scope of the contract 2) how much has been paid so far 3) how much work if any is left 4) is the steel still being purchased or has it all been delivered. Email me if you would like. mmontiel@montielhodge.com
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