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How do I recoup payment for unpaid work that has been completed?

New YorkMechanics Lien
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Anonymous contractor
Sep 26, 2019

I completed a project as a subcontractor for an HVAC company. The HVAC company abruptly shut their doors. I filed a lien on the building. The lawyer for GC sent me notice accusing me of fraudulently filing the lien. The lien is valid and I have documentation to prove it that we were contracted to do the work that was completed. Do you think I need to hire a lawyer?

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Anonymous contractor
Sep 27, 2019
It's common for an owner's initial response to be to challenge a mechanics lien filed against their property. This is true regardless of whether there's actually any issue with the lien filing. We actually discuss that in this article: My Lien Was Challenged — What Do I Do? When a mechanics lien has been filed, but payment still isn't forthcoming, it can sometimes help to escalate the dispute further. Many claimants find that utilizing a document like a Notice of Intent to Foreclose can help to recover payment without actually having to proceed with legal action on the claim. But, in a situation where an owner is responding to a filed lien with their attorney, it might be wise to start thinking about consulting an attorney of your own. It might not be immediately necessary, but if the lien is challenged by official legal action, or if the lien would need to be enforced, a lawyer would be needed anyway - so it might be helpful to get out in front of it by consulting a New York attorney.

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