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How to get a mechanics lien without having to pay for it

I am an independent contractor who owns a roofing business. I have completed they’ll work with pictures attached. I have not been paid payment for more than 60 days. This was an insurance claim that I worked very hard to get for him. It was a $16,000 job whereas, he only gave me $5200. 00 down and fired me the day the work was complete. He was also responsible for pulling the permit for the home and never did. What can I do? thank you Terry Brady

1 reply

Dec 7, 2021

Hello Terry. This sounds like a rotten deal. You appear to be a Prime Contractor. Prime Contractors must provide a preliminary notice in the original contract (most common) OR serve a preliminary notice on the owner within 10 days after beginning work. A lien claimant must file a mechanics lien within 6 months after the last day on which labor/materials were furnished, but at least 30 days after filing a Notice of Intent to File a Claim of Lien... There are also service requirements. Assuming the first requirement was met, you would likely need to move quickly to meet the 30 day and 6 month deadlines. Time and costs are important considerations for small contractors trying to secure payment on small jobs. It sounds like you are organized and have photos and evidence supporting your claim for payment. Even if you do not have a lien right, you may have an enforceable obligation. For ~$9K claims like yours, you may be best served in your local small claims court. It may not be the best business decision to pay an attorney to fight over a ~$9K claim... I would be happy to provide a free consult and discuss some options. I would be happy to provide a free consult and discuss in detail. Please consider contacting me through my website, michaeljohnsonlegal.com. Thanks

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