We talked with our client to try to get paid and that didn’t work. I sent a Notice of Intent to File a Lien, and they received it on 5/26. On 5/27 they sent me a message, “provide me with a waiver for this claim”. On 5/31 they sent me another message, “Dispute-not willing to pay”. Shortly after that message on the same day, I received another message that was really, really long! They explained why they weren’t willing to pay due to our subcontractors work, and that Charles should have overseen the project better. They believe that we owe them for the amount they already paid for the materials that they still have on their property. We believe the amount owed to us is $1,163, but she says we owe her over $2000.
A Notice of Intent is option, not required, in Virginia unless it was a residential project where a Mechanic's Lien agent was identified on the building permit. Sending a Notice of Intent generally either encourages the Owner to resolve the matter, or aggravates the Owner into taking a hyper-aggressive position. Sounts like your result was Owner aggression by asserting that you own her money. It is relatively easy to file a mechanic's lien in Virginia, but that lien must be filed within 90-days of the last day of the month in which work was performed. After that, you have ien must be initiated within the later of 6 months from date lien was recorded or 60 days from the completion or termination of the project. However, if you performed work that would require a contractor's license in Virginia, and you are not properly licensed, then you have no right to pursue a mechanic's lien.
You should contact a good lawyer and you can easily resolve this issue.
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