We completed a multifamily project in May and have not gotten our retainage and no attempt has been made to pay us. I have a mechanics lien through Levelset. what is our next move to secure our money?
If you already have a perfected mechanics lien, meaning you sent timely notice to proper the parties, filed the lien affidavit within the deadline, and sent notice of the filing to the proper parties, you can now foreclose on your lien.
To foreclose on the lien you need to file a lawsuit, which means you will almost certainly need an attorney. Although hiring an attorney can cost some extra money, sometimes merely filing the lawsuit and serving the parties is enough to prompt payment. Alternatively, instead of immediately filing suit you can send a demand letter to both parties demanding payment under the threat of foreclosure. This is sometimes an effective way to obtain payment. However, be very mindful of the statute of limitations on this. As of 2022, you only have one year from the date your lien was required to be filed in order to file your foreclosure lawsuit.
If you need help with any of this, feel free to give us a call at Murphy Legal. We have experienced construction law attorneys who can help you out with this. Our number is (979) 690-0800.
Good luck!