Customer paid by American Express and later filed a claim and and had AE withdraw her payment from our account after job had been completed and passed inspection in Sept 2018. We did not file NOC so we cant file mechanics lien. We want to sue in small claims. Is there a time limit to prevent us from suing?
First, just because you did not file a notice of commencement does not mean you cannot record a lien. You have 90 days from the day you last furnished labor, services, or materials at the property to record a lien. In terms of a lawsuit, you have 1 year to file a lawsuit to foreclose a lien. You also have either 4 or 5 years to file a suit for breach of the contract, whether oral or written, regardless of whether you have a claim of lien. Feel free to reach out if you have any questions.