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How much do I Lien for?

Im an electrician and was called out by a GC to perform electrical services. I order the materials worth about $9,000. But when I show up at the job site to deliver the materials and start work, no one is there to let me in. The next day, the owner fires everyone due to financial reasons. In total, I have incurred about $1,200 in labor and $9000 in materials. I do not know how much I can file a lien for because the materials are in my office. Can I include the cost of the material in my lien even though the material is still in my possession?

2 replies

Mar 2, 2022

I strongly suggest you first contact the owner and ask if he still will use you as the electrician on the project -- if it goes ahead. Give him only a few days to answer. Assuming this is residential, send the owner a "residential form of the Notice of Commencement" at the same time. If he refuses your continued work, attempt to return as much of the materials that you can to the place where you bought them (or to redirect the materials to another job where you can bill them to a different party). Then tally up the costs left (including restocking charges) and invoice for the labor and remaining materials -- after all you were on site and attempted to deliver unreturnable materials and do the work. File the lien for that amount before 90 days have passed from the date you were onsite. I am unsure if the owner has a defense in that you did not actually do work but he will have to spend money to defend if he does not pay.

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