I am the general contractor who has done some work on a privately owned park and has a sub who is threatening to file a lien by tomorrow. Here are the details:
We have released all of this sub’s retainage except $5,000 to ensure he finishes some work. This is the deal he and I agreed upon about 30 days ago. We followed through with our end of the deal and cut the check for the $55k, and he has not done the remaining work as a part of his end of the deal. He is now threatening to file a lien if he is not paid by tomorrow. He claims the work is warranty item so he should be paid his retainage. The case could be made either way. Regardless, I know he will not come back out and finish if he gets paid the $5k. Plus we had a deal, followed through with our end and he is now not following through with his end.
The sub has provided a signed and notarized final lien waiver back in 5/30/19. So it has been more than 90 days since the last work was performed by his crews on site. And more than 60 days since the retainage final lien waiver has been submitted. I’m not sure if thsi matters, but obviously we have filed our NOC and kept all the lien waivers throughout the project each month for this and every sub.
Can he actually file a valid lien? If so, what does that even mean for a privately owned park? The client owns the park outright. They did use a construction loan for this project. Please advise. Thank you!