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Lien Deadlines failure to provide notice

I ordered a lien through Levelset and was very pleased that the lien was filed within the 90 day deadline of the last day of materials or labor on site. What I failed to do in the process was to provide Notice of Intent to Enforce 20 days before filing enforcement action. We were successful in recording the lien with the county and received payment and subsequent lien release was filed and recorded. Now the client is threatening legal action due for 100% of the lien amount and legal fees due to violation of the statute. Please provide advice. Thank you!

1 reply

Dec 12, 2019

Construction businesses are owed payment for their work, regardless of whether they actually pursue a lien claim. And, on the other side of that coin, mechanics lien claims don't arise out of nowhere - they are a function of a debt that is owed to the lien claimant which hasn't been paid. So, even when there's some alleged issue (or legitimate one) with a lien claim, the underlying debt still exists. And, a lien claimant who's been paid shouldn't have to forfeit their payment for their work, which has finally been obtained, simply because some issue may have existed with the lien. Since payment is owed regardless of the enforceability or unenforceability of the lien - a potential issue with a lien claim that's been filed and later released shouldn't in any way force the repayment of proceeds obtained through the lien claim. With the above information in mind, I'm not able to give you legal advice on how to proceed in your situation. So, if it seems like legal action is imminent, it might be helpful to consult with a local construction attorney. They'll be able to provide you with legal advice and help to determine how best to move forward.

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