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I'm subcontracted can I put lien on this homeowner

AlabamaConstruction Contract

I was called to give quote so while here righting my proposal up they tell me that they done run 2 other companys off so they tell me there supply all material I just quote on labor so that's how I wrote it up so they called me and sign my proposal of 5,000 now it's a contract we'll I get done with everything on contract but they adding in painting now and bunch pieces floors got chipes in it so there not wanting pay me I've took pitchers lots of them while doing job I run into some unseen rotten plywood they said fix it so I took pitchers they don't want pay me a dime what originally owned must less add on

1 reply

Feb 28, 2020
For work that's been contracted for and performed, but not paid for, lien rights will generally be present. For amounts that are not included in the contract, things become a little less clear. If the additional work was requested via written change order, a lot of that mystery would disappear - and there'd be little question as to whether mechanics lien rights would be available for additional work performed but not paid for. But, when there's a written contract, and when the additional work was requested informally - like through text messages, emails, or verbally, it may be harder for a claimant to pursue that debt in a lien claim. Still, it may be possible if the work was well documented and if there's written statements requesting that work. For more on contract alterations and mechanics lien rights: Change Orders and Mechanics Lien Rights

Recovering payment before a mechanics lien becomes necessary

Keep in mind that mechanics liens are generally considered the nuclear option. And, using some other payment recovery tools can help to get paid while preserving relationships and avoiding the headaches a lien claim can cause. For one, sending something simple like a payment reminder can help. A payment reminder is just like it sounds - it lets recipients know that payment is still owed and outstanding. Sometimes, that's all that's needed to get paid. Escalating things a little further with a formal payment demand letter can help to get paid, too. Demand letters will usually include specific legal threats and put a deadline for when payment must be made. And, finally, because a mechanics lien is such a powerful tool, the mere threat of a lien filing will often be enough to get paid. So, sending a document like a Notice of Intent to Lien will usually go a long way toward getting paid. Considering the effect a mechanics lien will have on their property, it's not a threat that can be easily brushed aside.

Additional resources on Alabama mechanics liens

For more information on making an Alabama mechanics lien, the resources below should provide a lot of help: - Alabama Mechanics Lien Guide and FAQs - How to File an Alabama Mechanics Lien – Step by Step Walkthrough
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