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I have filed a lien, yet can i sue or is there another way to recover the funds due on this project.

IndianaConstruction Contract

were 97 % complete, We had a issue with an inspection. We corrected the issue and mid way through finishing siding that was already installed he had a issue with the color. he stated it was grey. It was white siding to match the house and said were fired. they owe us 57,526.83. how can i recover these funds without waiting on a lein.

1 reply

Oct 1, 2020

Hi, I am attorney Nick Podlaski of Podlaski LLP. This is not intended to be legal advice, but you can call my office to discuss this in more detail. There are certain requirements for a lien to be valid and you want to ensure you are following the statute otherwise you could be sued for clouding title. Foreclosing on your lien is the surest way to get paid; however, assuming you have a compliant Indiana Home Improvement Contract Act contract, it sounds like you have a couple of other valid claims including breach of contract and quantum meriut/unjust enrichment. Feel free to call my office at 260-782-1712. We handle a lot of construction litigation. 

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